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For the purpose of this questionnaire, and in accordance with the International Monetary Fund’s definition (https://www.imf.org/external/np/sta/di/glossary.pdf), a foreign firm is a foreign-owned domestically incorporated enterprise (e.g. subsidiaries) in which a foreign investor owns 10 percent or more of the ordinary shares or voting power.)×
Material Adverse Government Action means any act or omission by the procuring authority or other relevant authority, which occurs during the term of the PPP Contract and which has a material adverse effect on (i) the ability of the PPPCo to comply with any of its material obligations under this PPP Contract and/or (ii) the cost or the profits arising from such performance.)×
A financial model is an analytical tool that allows the user to assess the financial robustness of the project by representing its expected financial performance, including cash flows, returns, etc. Not to be confused with a financial proposal.)×
To conduct the analysis on Iraq, the Benchmarking Public Procurement team referred to CPA Order No. 87 of 2004 on Public Contracts, Regulation No. 1 of 2014 on the Implementation of Government Contracts, Instructions of Government Contract Implementation by the Ministry of Planning, Collation Authority Order No. 78 of 2004 found at: http://govinfo.library.unt.edu/cpa-iraq/regulations/20040516_CPAORD_87_Public_Contracts.pdf., and the Implementing Regulations of Government Contracts No. 1 of 2014 found at www.lad-mohe.gov.iq.
To conduct the analysis on Iraq, for the Public-Private Partnerships Procurement topic, the team referred to Order 87, dated May 16 2004 - Public Contracts Law, Instructions No. 1/2014 on "Government Contracts Implementation", dated June 16, 2014 - Government Contracts Instructions, Law No. 13/2006 - Investments Law, and Regulation No. 2/2009 on "Investment"- Investments Regulation.×