Exploring Policy Alternatives to Excluding State Owned Enterprises (SOEs) From Millennium Challenge Corporation Funded Contracts in Africa

Kingsley Osei, Lead Contracts Counsel, State University of New York, USA

Under the Millennium Challenge Act (MCA) the United States government (U.S.) provides eligible countries , with bilateral assistance to fund poverty alleviation programs and developmental projects through the Millennium Challenge Corporation (MCC). The MCA is a novel approach in U.S. bilateral assistance to developing countries. Even though the MCA does not supplant existing U.S. bilateral assistance programs, it deviates from programs typically implemented under the Foreign Assistance Act, 1961 (FAA) under which assistance is mainly given on compassionate grounds. In contrast, the MCA adopts an accountable and results oriented approach in the selection of eligible countries if they meet certain criteria in their commitment to governing justly, investing in their people and encouraging economic freedom.

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USA Contract University March 2013 Vol. 6, No. 22, Winter 2013

Kingsley Osei

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Kingsley Osei joined the State University of New York in September 2008 from the New York State Higher Education Services Corporation (HESC), a government student loan guarantee agency, where he was the Senior Attorney responsible for its procurement matters. He is now SUNY System Administration 's Contracts Counsel responsible for all system and university-wide procurement related matters. He also advises SUNY System Administration on energy related procurement, public private partnership alternate delivery models and information technology acquisitions. Prior to SUNY and HESC, he held prior positions advising an electric utility in the construction of multimillion dollar electric thermal plants, civil litigation and workers compensation. He is a 2001 Touro College Jacob D. Fuchsberg Law Center (LLM); Ghana Law School (Barrister at Law)-1994; University of Ghana Faculty of Law (Legum Baccalaureus-“LLB”)-1992. He also holds a World Intellectual Property Organization (WIPO) certificate on intellectual property law and e-commerce. He is admitted to practice law in the State of New York, Republic of Ghana and was in 2010 declared eligible to obtain the solicitors license to practice in England and Wales.

State University of New York

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State University of New York (SUNY) is the largest and most comprehensive state university system in the United States. It was officially established in February 1948 to create a state university system to serve New York State. Since 1948, SUNY has grown to include 64 individual colleges and universities that were either formerly independent institutions or directly founded by the State University of New York. The 64 geographically dispersed campuses bring educational opportunity within commuting distance of virtually all New Yorkers and comprise the nation's largest comprehensive system of public higher education. SUNY's 64 campuses are divided into four categories, based on educational mission, types of academic opportunities available and degrees offered. SUNY offers students a wide diversity of educational options including short-term vocational/technical courses, certificate, associate, and baccalaureate degree programs, graduate degrees and post-doctoral studies. SUNY provides access to almost every field of academic or professional study within the system via over 7,000 degree and certificate programs.

USA Contract University March 2013 Vol. 6, No. 22, Winter 2013
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