In order to facilitate the development of infrastructure projects, the Kingdom of Morocco recently created a new category of contracts implemented through the enactment of the law n°86-12 pertaining to public-private partnership contracts. The purpose of this law is to help define a unified and incentivizing framework conducive to the development of infrastructures in Morocco and to the increase of visibility of foreign and local investors, it being specified that these provisions will be completed shortly by an implementing decree.
This law was published on 24 December 2014 and the French version was published on 5 February 2015. The law was drafted after analyzing the different legal frameworks of public-private partnership contracts in various countries, such as France, Spain and Egypt, which influenced the legal scope applicable to these contracts. The publication of the PPP law constitutes an interesting opportunity to verify if the pitfalls other countries encountered in this matter can be avoided.