Sudan’s infrastructure ambitions are significant. From renewable energy and logistics corridors to agro-processing, industrial zones, and water infrastructure, the demand for capital and technical expertise continues to grow.

Yet for international law firms, multinational sponsors, and infrastructure funds, one question precedes every transaction:

Is there institutional certainty?

The answer begins with Article 6 of the Public-Private Partnership Act 2021 (قانون الشراكة بين القطاع العام والخاص لسنة 2021).

The Governance Question in Emerging Markets

In many emerging jurisdictions, PPP risk does not arise from commercial weakness — it arises from fragmented decision-making.

Common concerns include:

• Overlapping ministerial authority
• Lack of a central approval body
• Political discontinuity
• Delays in project sanctioning
• Unclear sovereign interface

Without a structured governance framework, even commercially sound projects struggle to reach financial close. For lenders and equity sponsors, institutional opacity directly affects pricing and bankability.

For foreign investment in Sudan, clarity of decision-making authority is therefore not a secondary issue — it is fundamental.

What Article 6 of the Public-Private Partnership Act 2021 Provides

Under Chapter Three – “إنشاء المجلس وتشكيله ومدته”, Article 6 formally establishes the Public-Private Partnership Council and regulates its composition and duration.

The statute:

• Creates the PPP Council by law;
• Specifies its senior governmental composition;
• Provides structural continuity through defined duration.

The legislative language is institutional rather than promotional. It does not claim policy transformation; it establishes governance architecture.

From a comparative legal perspective, that distinction matters.

Why This Is Strategically Significant

1. Executive-Level Oversight

By embedding PPP oversight within a formal Council created by statute, the Public-Private Partnership Act 2021 (قانون الشراكة بين القطاع العام والخاص لسنة 2021) introduces a recognised governmental interface for PPP projects.

In international practice, successful PPP ecosystems — whether in the UK, Egypt, Morocco, or the UAE — rely on structured central bodies to coordinate feasibility review, approval pathways, and cross-sector alignment.

Article 6 reflects alignment with that institutional logic.

2. Reduction of Fragmentation Risk

Where no central PPP authority exists, investors often encounter:

• Conflicting regulatory signals;
• Duplicated review processes;
• Late-stage approval uncertainty;
• Increased transaction timelines.

A formally established Council reduces fragmentation risk by consolidating governance within a recognised statutory body.

For foreign investment in Sudan, that is a material development.

3. Institutional Continuity

By regulating the duration of the Council, Article 6 introduces a measure of predictability. In long-term concession arrangements — particularly BOT and BOOT structures — continuity of decision-making institutions enhances lender confidence.

Alignment with International Best Practice

From a project finance perspective, three pillars are typically assessed in PPP regimes:

1. Political endorsement
2. Technical capacity
3. Transparent procurement framework

Article 6 addresses the first pillar: executive-level institutional endorsement.

Other chapters of the Public-Private Partnership Act 2021 (قانون الشراكة بين القطاع العام والخاص لسنة 2021م) deal with procurement, project structuring, and supervisory mechanisms.

Together, the statutory framework signals that Sudan’s PPP regime is structured rather than ad hoc.

This is particularly relevant for international counsel advising on:

• Concession agreements;
• Sovereign support arrangements;
• Infrastructure finance mandates;
• Risk allocation structures;
• Government interface protocols.

For foreign investment in Sudan, governance architecture is a prerequisite to capital deployment.

What This Means for Economic Potential

Sudan possesses structural advantages:

• Significant agricultural capacity;
• Renewable energy potential (solar and hydro);
• Strategic positioning along Red Sea trade routes;
• Expansive land suitable for industrial development.

However, infrastructure development at scale requires private capital.

The Public-Private Partnership Act 2021 (قانون الشراكة بين القطاع العام والخاص لسنة 2021) creates a legal platform through which private sector participation can be formalised.

Article 6, by establishing the PPP Council, provides the institutional foundation upon which:

• Infrastructure concessions can be structured;
• Sectoral projects can be coordinated;
• Policy direction can be aligned across ministries.

For foreign investment in Sudan, this combination of natural resource capacity and formalised PPP governance creates strategic opportunity.

Practical Considerations for International Law Firms and Sponsors

While Article 6 establishes governance architecture, sophisticated investors will evaluate:

• Interaction between the PPP Council and sector regulators;
• Issuance of implementing regulations or model agreements;
• Arbitration frameworks in concession contracts;
• Interface between PPP law and public procurement rules;
• Sovereign support and guarantee mechanisms.

The statute provides structure. Effective execution will depend on regulatory consistency and transactional sophistication.

Institutional Infrastructure for Economic Infrastructure

The importance of Article 6 lies not in promotional language, but in structural clarity.

By formally establishing the PPP Council under the Public-Private Partnership Act 2021 (قانون الشراكة بين القطاع العام والخاص لسنة 2021). Sudan has codified governance architecture for public-private partnerships.

For international law firms, infrastructure funds, and multinational sponsors assessing foreign investment in Sudan, institutional clarity is a starting point.

Article 6 represents that starting point.

Our Experience in PPP Framework Development in Sudan

Sudanese Commercial Law Office (SCLO) brings direct institutional experience to the interpretation and application of Sudan’s PPP framework.

Mr Wael Omer Abdin advised the World Bank in relation to the provision of PPP support to the Republic of Sudan. He was appointed by Castalia as the Sudanese legal expert in the project titled “Consultancy Services for Provision of PPP Support for the Republic of Sudan.”

His role included, among other matters:

• Identifying and analysing all policies and laws relating to PPPs, private investment, foreign investment, and private sector participation in infrastructure in the Republic of Sudan;
• Advising on the appropriate institutional environment for PPP implementation;
• Drafting, based on an approved outline, a comprehensive report summarising the legal, regulatory, and policy environment governing private sector participation and PPPs in Sudan;
• Recommending measures to overcome barriers to private sector participation in infrastructure and to facilitate implementation of PPP projects;
• Identifying specific legal, regulatory, and policy gaps and proposing corrective measures;
• Contributing to the development of a PPP Policy framework;
• Supporting the drafting of a PPP Bill and ensuring its compatibility with the Sudanese legal system;
• Assisting in responding to client and stakeholder enquiries throughout the reform process.

This advisory engagement provides SCLO with first-hand insight into the evolution of the Public-Private Partnership Act 2021 (قانون الشراكة بين القطاع العام والخاص لسنة 2021), the institutional considerations underpinning Article 6, and the broader legal architecture governing foreign investment in Sudan.

As Sudan advances toward infrastructure-led growth, our experience positions us to guide international stakeholders through both the statutory framework and its practical implementation.

Sudanese Commercial Law Office (SCLO) advises international stakeholders on:

• Interpretation of the Public-Private Partnership Act 2021;
• PPP structuring and compliance;
• Government engagement strategy;
• Concession negotiation and risk mitigation;
• Legal frameworks affecting foreign investment in Sudan.

For investors prepared to assess frontier markets in the post war reconstruction of Sudan, through disciplined governance analysis, Sudan’s PPP framework offers a defined legal pathway into the country’s next development cycle.