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Support for Large scale Investment deals

Support for Large scale Investment deals. June 2014. Challenges. Reasons for poorly concluded deals R esource constraints – limited financial , technical and human resources Lack of specialized know-how, technical expertise and experience in negotiating complex contracts

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Support for Large scale Investment deals

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  1. Support for Large scale Investment deals June 2014

  2. Challenges • Reasons for poorly concluded deals • Resource constraints – limited financial, technical and human resources • Lack of specialized know-how, technical expertise and experience in negotiating complex contracts • High staff turnover in key agencies • Asymmetry of information - economic variables of the transaction, relevant fiscal and legal tools; • Time pressure from external donors and companies to conclude negotiations • Weak governance • Poor and incoherent legal and regulatory framework • Internal competition among different ministries to influence the outcome of the negotiation process • Corruption on the part of government officials in charge of negotiating contracts

  3. Phases of Resource Development and Management

  4. Range of Skills Needed:

  5. Information Asymmetry

  6. Support available

  7. Support available • Fee and non-fee based • Prominent initiatives • African Legal Support Facility (ALSF) • International Senior Lawyers’ Project (ISLP) • Norad – Oil for Development • Natural Resource Governance Insitute • UNDP • World Bank – Extractive Industries Technical Advisory Facility (EI-TAF) • Others • Individual academics and academic centers • Consultants • Bilateral donors • Law firms

  8. What are the Gaps in Support? • Expertise other than legal (e.g. financial/economic experts, financial modelers, sector experts, investment bankers) • Assembling a negotiating team • Experience working with governments • Timing of support – “rapid response” • Long term assistance • Implementation, monitoring and enforcement of deals • Lack of availability of documentation (e.g. precedents) • Lack of knowledge sharing • Coordination between existing support initiatives

  9. What Mechanisms might help address gaps? • Increase the coordination, scope and visibility of existing initiatives • Assist with procurement of support • Tools and resources for governments and civil society • Matrix of available support initiatives • Roadmap of the process from policy development through to contract monitoring • Compile all existing resources and tools and create new ones – eg databases of contracts • Forum for information and knowledge sharing • Develop a portal to house these tools and resources and host the forum

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