The presentation describes the different ways foreign companies can develop energy projects in Cote d'Ivoire and the resources made available to them.

1. Starting as an
Independent Power Producer in Cote d’Ivoire

2. SONIA GALAT,
Co-Founder and CEO
About the speaker
SoniaGalat@africabv.com
Sultan Toure,
Director of Public Investments
Programming,
Ministry of Planning and
Development

3. AGENDA
PART I: Introduction
PART II: Public Tender Process
PART III: Independent electricity project submission and
required licenses
PART IV: Cote d’Ivoire Investment Code
PART V: Public Private partnership

4. General data
CAPITAL
Yamoussoukro
OFFICIAL LANGUAGE
French
POPULATION (2016 EST.)
23,740,424
POPULATION GROWTH (2016
EST.) %
1.88
URBANIZATION RATE (2010
- 2015) % P.A.
3.69
NATIONAL CURRENCY
West African CFA franc
(CFA/XOF)
EASE OF DOING BUSINESS
(2017) RANK OF 190
142
GDP (2015) USD MILLION
31,759.25
GDP GROWTH (2016) %
8.2
URBAN POPULATION
(2015) % OF TOTAL
54.2
GDP ANNUAL GROWTH
RATE FORECAST (2020) %
7.67
POPULATION DENSITY
(2015) PER KM2
71

5. Government Objectives (1/2)
Strategic plan 'Vision 2040’ adopted in 2011 with main
objective for Cote d’Ivoire to become an industry-driven
economy, united in its cultural diversity and democracy,
and open to the rest of world
• The generation of sufficient electricity and Demand Side Management
• Commitment by the Government to increase installed capacity by approximately 150 MW each year
• Diversification of the generation mix, which currently depends heavily on domestic natural gas
• Increase participation of independent power producers (IPPs)
• To improve the institutional framework
• To restore financial viability within the energy sector – tariff adjustments and loss reduction
How Cote d’Ivoire will reach its objectives:
President A.Ouattara

6. Government Objectives (2/2)
National Development Plan Adopted between 2016-2020:
Target: Making Cote d’Ivoire an emerging economy, based on industrial development
by 2020
New Energy Policy Adopted In 2013:
Target: Cote d’Ivoire to become the energy hub in West Africa
Long-Term Objectives of the 2013 Energy Policy:
• Increase of renewable energy share in national energy mix, from 1% in 2015
to 16% in 2030
• Diversification of energy production sources, from 80 % fossil fuel and 20 %
renewables in 2015, to 66 % fossil fuel and 34 % renewable in 2020
• 58 % fossil fuel and 42 % renewable energy in 2030

7. Cote d’Ivoire Energy Institutional Framework
Ministry of Petroleum, Energy and Renewable Energy Development
CIE – Ivorian Electricity
Company
Société des Énergies
de Côte d’Ivoire (CI-
ENERGIES)
National Electricity
Sector Regulatory
Authority (ANARE)
• Responsible for the
regulation of the electricity
sector
• Proposes the electricity
tariffs to the state as well as
the tariffs to access the
national grid
• Has a public service
concession for production,
transportation, export,
import, distribution and
marketing of electricity
• Manages the electricity
supply, on behalf of the state
• Grantor of concession
agreements
• Sets the sector’s framework
• Monitors electricity production, the distribution of transmission equipment and social electrification
• Management of renewable energies

8. The Public Tender Process

9. General
The Administration of Public Procurement (APP) is the administrative structure responsible for advice, assistance and
training on public procurement
The APP publishes the Official Public Procurement Bulletin of the Republic of Côte
d'Ivoire (to the market newspaper which sells at 4,000 FCFA a copy). This lists all the
latest tenders
The APP also publishes:
• The list of authorized restricted projects for submission
• The list of tenders submission being reviewed
• The list of approved projects for submission
• The list of authorized projects modifications
• The list of terminated projects for submission
Procurement of goods and services by the State (public procurement) is done through
competitive bidding

10. What Are The Steps To Take To Participate In A Call For Tenders?
Withdraw the
documents relating to
the call for tenders
from the public
procurement journal
Economic
Operator Go to the Contracting
Authorities and submit
your application
• 30 days for a National tender
• 45 days for an international
tender
The Economic operator will be notified by the contracting authority and
the project award will be published in the public procurement journal

11. Tender Document Information
The tender documents are to be withdrawn from the Contracting Authority
mentioned in the procurement journal:
The market newspaper states:
• The number and purpose of the call for tenders
• The name of the Contracting Authority, that is, the one initiating the acquisition
transaction
• The geographical location (quarter, street, building, floor, door) of withdrawal of the
tender documents (DAO)
• The address of the place where the DAO is held (postal box, landline phone, mobile phone,
fax, e-mail, etc.)
• The name and function of the contact person
• The selling price of the DAO

12. Open Call for Tenders
Open Call for Tenders
with Pre-Selection
Two-Step Open Call
for Tenders
• The call for tenders is open when any candidate, meeting the conditions, can submit an offer
• When the work can be done, the equipment is delivered and the services are provided, are of a
complex nature. The open call for tenders is preceded by a pre-qualification . The examination of the
candidates' qualifications is carried out exclusively on the basis of their ability, to perform the
contract satisfactorily, and according to the criteria defined in the invitation to tender
The Various Modes of Procurement (1/2)
• Open bidding is a two-step process where bidders are first invited to submit technical proposals,
without price indication, on the basis of general design principles or performance standards.
Following the evaluation by the Contracting Authority of the first stage tenders, tenderers who meet
the minimum acceptable qualification criteria and have submitted a technically compliant tender, are
invited to participate in a second stage of the course. They will be required to submit final price-
based technical proposals, on the basis of the tender dossier ,previously revised by the Contracting
Authority

13. Open Call for Tenders
with Competition
Restricted Invitation
to Tender
• A call for tenders can be made with competition when reasons of a technical, aesthetic or financial
nature justify studies or special research
• The call for tenders is said to be restricted when only tenders can be submitted, the candidates that
the contracting authority or the contracting authority has decided to consult, in accordance with the
provisions of Articles 86 to 90 of the Code of public markets. The number of candidates admitted to
tender must ensure genuine competition. It then proceeds as an open tender.
The Various Modes of Procurement t (2/2)

14. How To Make Your Company Known To The Different
Contracting Authorities
You can register your business in the categorized enterprise
database, formed by the APP, by providing information that allows
the APP to assign your business to a category, that matches its
performance level and capabilities.
Telephone : 20 21 15 19
Email : infodmp@marchespublics.ci ou dmp_ci@yahoo.fr
Website : www.marchespublics.ci

15. Independent Electricity Project
Submission & Required Licenses

16. How to Submit a Project for Electrification?
Make a spontaneous
proposal to the
Ministry of Energy for a
planned project
Economic
Operator
Submit a technical
offer, financial offer, to
the management of the
structure of the project
The offer will be analysed by the
relevant Ivorian authorities
Discussion to be held
for possible
clarification and
negotiation
Signature of the
agreement, with the
Authorities

17. What are the Agreements for Electrification Projects?
Energy Production :
A Production Agreement must be signed between the Operator and the State.
This agreement specifies the terms and conditions of sale, to the State, or sale to third parties, of all or part of
the electrical energy produced by this operator.
The agreement determines all of the obligations of the parties, including the commitments of the operator to:
• Acquire a site or conclude a lease on the construction site of the plant
• Realize the network of interconnected electrical energy transfer
• Ensure the fuel supply of its production unit, if necessary
Energy Transport
A Transport Agreement must be signed between the Operator and the State.
The operator in charge of managing state-owned transport works is required to:
• Operate and maintain transportation works
• Ensure the availability and optimal use of these transport works
• To ensure the safe operation of these transport works, as well as the reliability and efficiency of these works

18. Cote d’Ivoire Investment Code

19. Guarantees for investors
New Code of Investments were adopted in 2012
with main priority to provide safe environment
for investors
16 GUARANTEES
1. Freedom of investment
2. Equality of treatment
3. Assistance to disaster-stricken businesses
4. Freedom of access to foreign currencies
5. Protection of intellectual property
6. Stability of benefits
7. Protection of private property
8. Benefit of new provisions more favourable to the request of the investor and under certain conditions
9. Freedom of access to raw materials
10. Freedom of appointment of company directors
11. Work visas and residence visas
12. Nationalization not required with no threat of expropriation
13. Transfer of assets
14. Transfer of remunerations
15. Access to developed industrial zones and agricultural lands
16. Dispute resolution

20. Investment Zone Regimes
• 3 investments zones regimes have been created with benefits
granted for each of them. In the investment phase, for the
creation or development of activity:
• Between 40-50% reduction in the amount of custom duties to
be paid for equipment, materials as well as first batch of spare
parts
• Total exemption from VAT

21. Zone A
(District of Abidjan)
Zone B
(Investments in area
with + 60,000
inhabitants)
Zone C
(Investments in area
with less than 60,000
inhabitants and
economic zones)
Duration of benefits
5 years 8 years 15 years
Tax Exemptions
Duration of realization of
investment
24 months plus a single extension of up to 12 months if 66% of the investment project
completed
Eligible sectors
Agribusiness, Extractive industries, Production, Transport and Distribution of Energy,
Energy production, Manufacturing and Metallurgical industries, Cultural industries, Health,
Tourism, New technologies, Public works

22. Zone A
in exploitation phase
Investments
exemptions
Zone B
in exploitation phase
Investments
exemptions
Zone C
in exploitation phase
Investments exemptions
• Tax on industrial profit; Commercial or non-commercial income tax; Tax on agricultural profit
• Exemption from the contribution to “patentes and licenses”
• 50% reduction to employers charge contribution (except for apprenticeship tax and tax on
vocational training) for companies creating minimum of 250 jobs
• Tax on industrial profit
• Commercial or non-commercial income tax
• Tax on agricultural profit
• Exemption from the contribution to “patentes and licenses”
• 75% reduction to employers charge contribution (except for apprenticeship tax and tax on
vocational training) for companies creating minimum of 200 jobs
• Tax on industrial profit
• Commercial or non-commercial income tax
• Tax on agricultural profit
• Exemption from the contribution to “patentes and licenses”
• 90% reduction to employers charge contribution (except for apprenticeship tax and tax on
vocational training) for companies creating minimum of 150 jobs
• Property tax exemption
Incentives for Investments Lower than 200 Million FCFA

23. Zone A
in operation phase
Investments
exemptions
Zone B
in exploitation phase
Investments
exemptions
Zone C
in exploitation phase
Investments exemptions
• Tax on industrial profit
• Commercial or non-commercial income tax
• Tax on agricultural profit
• Exemption from the contribution to “patentes and licenses”
• Tax on industrial profit
• Commercial or non-commercial income tax
• Tax on agricultural profit
• Exemption from the contribution to “patentes and licenses”
• 80% reduction to employers charge contribution (except for apprenticeship tax and tax on
vocational training) for companies creating minimum of 200 jobs
• Tax on industrial profit
• Commercial or non-commercial income tax
• Tax on agricultural profit
• Exemption from the contribution to “patentes and licenses”
• 90% reduction to employers charge contribution (except for apprenticeship tax and tax on
vocational training) for companies creating minimum of 100 jobs
• Property tax exemption
• Exemption from registration fees in case of capital increase
Incentives for investments higher than higher (1 billion FCFA)

24. Incentive Submission Regime
• Submit your details and request in 4 copies to CEPICI
• Review time: 48 hours
The Benefits of the Incentives is Subordinate to:
• To keep regular accounts in accordance with the provisions of OHADA accounting law
• Submission to a real tax regime ( simplified or normal real regime)
• Compliance with environmental standards in accordance with law
• Investments in new tools adapted to the transformation of the available resource, within
the framework of sustainable management of the forest heritage

25. Public Private Partnership

26. General
Total Investment in PPP Total PPP Projects
$1,966
Total investment committed to PPPs since
1990 (US$ million)
+ 16
# signed PPP projects since 2012
Source: https://pppknowledgelab.org/countries, World Bank 2016

27. Duties:
• Develop strategies to be submitted to the Government as
well as draft laws and regulations
• Validate the projects to be carried out under PPPs
• Validate the tender documents prepared by the
contracting authorities
• Validate proposals for the award of agreements and
contracts
• Define the framework for dialogue with external financial
partners
• Monitor implementation of projects by the contracting
authorities
• Submit to the Government the annual report on projects
carried out under PPPs
• Approve the business plan presented by the PPP
Executive Secretariat (SE-PPP) to seek the necessary
financing
National Steering Committee for Public-Private Partnerships (CNP-PPP)
Mission: decision-making, validation and orientation body of the institutional PPP management framework.
Composition:
• President, representing the President of the Republic
• A Vice-President; representing the Prime Minister
• The representative of the Minister of Planning and
Development
• The representative of the Minister of Economy and
Finance
• The representative of the Minister for Industry
• The representative of the Minister for the Budget
• Of the Director General of Budget and Finance
• Of the Director General of the National Bureau of
Technical Studies and Development, abbreviated BNETD
• Of the Director General of the Investment Promotion
Centre in Côte d'Ivoire, abbreviated CEPICI
• From the Director of Public Procurement (SE-PPP) to seek
the necessary financing

28. 1. The negotiations shall be conducted directly with the Contracting Authority
2. First draft is provided by the Contracting Authority
3. The contract shall then be signed by the selected Operator or his/her legal representative, then by the Contracting
Authority and the Minister of the Economy and Finance
4. The PPP contracts signed by the State shall be approved by Decree taken at the Council of Ministers
5. After the approval procedure, the Contracting Authority shall ensure the publication of a contract award notice
which specifies its holder and contains a summary of its main clauses
Contract Award in PPP Projects
Pursuant to the provisions of Article 181 of the Public Procurement Code, the ad hoc Committee established by the
Contracting Authority shall invite the bidder, whose proposal has been found to be the most economically advantageous
to finalise the PPP contract:

29. Article 30 of the Public Procurement Code:
• The National Authority for the Regulation of Public Procurement shall have exclusive competence to
adjudicate disputes on the procedures for awarding PPP contracts, without prejudice of possible actions
before the competent courts or, if necessary, before the sectoral regulatory bodies
• The procedures of dispute resolution in the award of PPP contracts shall be implemented in accordance with
the regulatory provisions in force
• Any dispute between the Contracting Authority and the Operator shall be settled in accordance with the
dispute settling mechanisms as agreed by the Parties to the PPP contract
Dispute Resolutions in PPP Projects
The PPP contract is governed by Ivorian law, unless otherwise provided for in the contract

30. They shall contain mandatory provisions, including those on:
• The nature and scope of the work to be carried out
• The conditions of service delivery
• The legal status of properties
• The obligations of the parties
• The term of the PPP contract and the conditions of its extension
• The procedures and modalities of control of the service delivery
• The spread of all the risks
Content of the PPP Contracts
PPP Contracts shall be Drafted According to the Regulations in Force:

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32. Thank you!
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SONIA GALAT,
CEO
SoniaGalat@africabv.com
www.africabv.com