Decree N ° 04 February 2015 2015-144

Original Language Title: Décret n°2015-144 du 04 février 2015

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Ministry of economy, finance and the PLAN Decree No. 2015-144 February 04, 2015 Decree No. 2015-144, 04 February 2015 granting a guarantee to the company Africa Energy S.A. under the power contract of purchase with the Senelec S.A.

REPORT of PRESENTATION in the execution of its mission, the SA SENELEC signed on August 16, 2013, with the company Africa Energy a contract of purchase of energy so that the latter achieves a power plant with a power of 300 MW coal-fired, equipped with three production units.

The establishment of the Central said power is important for the energy sector in particular and more generally for the Senegalese economy in the sense that it contributes, inter alia, the reduction of the cost of electricity.

Also, is it necessary for the State of Senegal as collateral security, in an irrevocable and unconditional manner, to guarantee compliance with the SENELEC SA of its contractual obligations.

This guarantee has been granted by agreement dated December 16, 2014 concluded between the State of Senegal, the SENELEC S.A. and Africa Energy S.A.

However, pursuant to the provisions of section 42 of Act n ° 2011-15 July 08, 2011 Act relating to finance laws, guarantees and sureties are given by decrees on the report of the Minister of economy, finance and the Plan.

Pursuant to this provision, the present draft decree has to confirm the guarantee granted through the above mentioned Convention.

Such is the economy of the draft decree.

The President of the Republic: pursuant to the Constitution;
Pursuant to organic law n ° 2011-15 July 08, 2011 relating to finance laws;
Pursuant to law n ° 2013-07 18 December 2013 on the Finance Act for the year 2014;
Decree n ° 2011-1880 24 November 2011 on the general regulation on public accounting;
Having regard to Decree n ° 2014-845 06 July 2014 appointing the Prime Minister;
Having regard to Decree n ° 2014-849 06 July 2014 on the composition of the Government.
Having regard to Decree n ° 2014-853 09 July 2014 on allocation of services of the State and control of public institutions, societies and corporations with public participation between the Presidency of the Republic, the Prime Minister's Office and ministries.

The report of the Minister of economy, finance and the Plan;

Ordained: Article 1. -It is given to the Africa Energy Company, Société anonyme de Senegalese law with a capital of 10,000,000 francs CFA, RC No. SN DK 84 B 30, NINEA N ° G 00140012, 3, warranty forms and terms are defined in the Convention, as of December 16, 2014, annexed to this Decree and binding the State of Senegal, the SENELEC SA and Africa Energy.

S. 2. - the Minister of economy, finance and the Plan and the Minister of energy and the development of renewable Energies are responsible, each in relation to the implementation of this Decree which shall be published in the Official Journal.

Made in Dakar, February 04, 2015, by the President of the Republic: Macky SALL.

The Prime Minister, Mahammed Boun Abdallah DIONNE.