چکیده:
Contracts known as "BOT" or Build, Operate and Transfer, despite not having been around for a long time in the field of international investment and trade, have been welcomed by many countries, especially developing countries. This format is mostly used for the implementation of large and infrastructural projects that require a huge budget. Understanding the main characteristics of this investment method and awareness of its legal aspects constitute the subject of this article. For this purpose, first, an overview of these types of contracts and their advantages for the host government will be provided, and then the implementation of a "BOT" project, types of contracts, and the parties involved in the project and their relationship will be examined.
خلاصه ماشینی:
B- Foreign investment in all sectors, within the framework of "Civil Partnership", "Buyback", "Build, Operate and Transfer" methods, where the return of capital and the resulting profits are solely derived from the economic performance of the project being invested in and are not based on government guarantees, state-owned companies or Banks shall not be involved.
Also, in Note 2 of Article 2 of the executive regulations of this law, we read: “Regarding foreign investments within the framework of “Build, Operate and Transfer” methods in sectors and fields that are legally under the control of the public sector, the exercise of ownership rights over the recipient enterprise during the contract period is permitted by the foreign investor.
For example, the prediction of the following items indicates the imposition of restrictive regulations for investment using the “BOT” method: - Determining construction, operation, and maintenance standards - Right to use land, roads, and other facilities necessary for construction and commissioning of the project - Monitoring the implementation of the project - Necessity of using domestically manufactured goods or domestic contractors - Measures necessary for technology transfer and training of domestic personnel - Method of project transfer - Compliance with environmental regulations - Maximum period of private ownership of the project - Payment of taxes, fees, and wages during the operating period - Termination and modification of the contract It should be noted that merely predicting the above does not necessarily mean strictness, as incentive and support regulations can also be added in many cases.
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