Newsletter-21

110 NEWSLETTER 2016 A Brief Comparison between Ecuadorian and Turkish Public-Private Partnership Arrangements* Att. Ozgur Kocabasoglu Public-private partnerships (“PPP”) take a wide range of forms varying to the extent of involvement of, and risk taken, by the private party. The terms of a PPP are typically set out in a contract or agree- ment, often subject to the private law, to outline the responsibilities of each party and allocation of risk. Since the 1990’s, Turkey has implemented the build, operate and transfer law (“Turkish PPPLaw” or “LawNo. 3996” dated 08.06.1994) in order to attract private investment for infrastructure projects, and in 2013, introduced a PPP law specific to the health sector (“Law No. 6428” dated 09.03.2013), and one specific regulation (published in the Official Gazette dated 08.09.2012 and numbered 28405) for the education sector. In 2015, Ecuador implemented a PPP system for infrastructure projects that are modelled on that of Peru’s, Chile’s, Colombia’s and Uruguay’s PPP systems. Contrary to Law No. 6428, which is specific to the health sector, and construction of hospitals on the land provided by the administra- tion in return for lease payments, and provision of secondary services; Ecuadorian PPP law covers a great range of sectors including, con- struction and sale of real estate projects, social housing and develop- ment works, Construction, rehabilitation, equipping, operation and maintenance of public works that provide public services, productive activities for research and development in which the State acts jointly with the private sector, new projects in the hydroelectric and alterna- tive energy sectors, and other projects categorized as priorities. In this respect Ecuadorian PPP law provides similar provisions to the Turkish BOT law.