Does the country have legislation covering defence and security procurement with clauses specific to corruption risks, and are any items exempt from these laws?
57a. Legal framework
Algeria score: NS/100
The country has no defence legislation that covers defence and national security purchases.
This indicator is not scored. Please discuss conditions in the country context related to good practice (Score 4).
The country has clear and comprehensive legislation that covers all defence and national security purchases with no exemptions.
This indicator is not assigned a score in the GDI.
The country has a public procurement law that might cover defence and national security purchases which allows for exemptions. The 2016 Public Procurement Law does not make explicit reference to the defence and security sector (1). A Jane report, from 2014 mentioned that military procurement is exempt from wider public procurement rules (2). Another report notes that tenders related to defence and security are restricted (3). Since Art. 168 makes a clear exemption with regards to external control mechanisms for the Ministry of National Defence, there is some indication that the 2016 Public Procurement Law applies to the Ministry of Defence. The law generally regulates the determination of needs (chapter 2), public procurement (chapter 3), public contracts (chapter 4), controls of the procurement process (chapter 5), and the communication and exchange of information by electronic means (chapter 6). It makes exemptions for certain types of procurements. For example, public contracts of a specifics nature, which cannot be published, are exempted from being published in the Official Procurement Bulletin of the Public Operator (BOMOP) (Art. 158), (1). No further information of what defines a “specific nature” could be found in the law. It seems very likely that it includes sensitive defence and security items.
The country’s last assessment mentioned Executive Decree No. 95-396 (1995) that regulates the procedures for importing firearms on behalf of security companies (4), (5). Another inter-ministerial decree from 1996 referring to Decree 95-396 lays down the procedures for the acquisition and import of firearms and ammunition and the conditions for issuing the relevant authorisation on behalf of security and transport companies (6).
1) “Public Procurement and Public Service Delegation Codes”, President of the Republic of Algeria, March 2016. Accessed November 21, 2018. https://www.joradp.dz/TRV/FMPublic.pdf.
2) “IHS Jane’s Navigating the Emerging Markets: Algeria”, Jane’s Industry Quarterly 2014. Accessed November 26, 2018. https://www.janes.com/images/assets/675/36675/Emerging_Markets_Algeria.pdf.
3) “Special Focus Algeria”, Epicos 2017, epicos.com. Accessed November 21, 2018. https://www.epicos.com/sites/default/files/newsletter_2017_03_29.pdf.
4) Executive Decree No. 95-396, (November 30 1995), “Procedures for importing firearms on behalf of security companies and the transport of sensitive funds and products”. Accessed November 21, 2018. https://www.joradp.dz/FTP/Jo-Francais/1995/F1995074.pdf.
5) “Algeria”, Country Assessment of the Government Defence Anti-Corruption Index 2015. Accessed March 22, 2019. http://government.defenceindex.org/generate-report.php?country_id=6251.
6) Inter-ministerial Decree, (January 31, 1996), “Procedures for the acquisition and import of firearms and ammunition and the conditions for issuing the relevant authorisation on behalf of security and transport companies”. Accessed November 21, 2018. https://www.joradp.dz/FTP/Jo-Francais/1996/F1996033.pdf.
57b. Corruption risks
Algeria score: 25/100
The country has no legislation covering defence and security procurement that makes reference to corruption risks. Legislation covering defence and security procurement does not make reference to corruption risks.
The legislation superficially recognises the risks of corruption or has vague provisions on how to mitigate these risks.
The legislation recognises the risks of corruption and makes clear and comprehensive provisions to mitigate these risks.
The country has public procurement legislation which refers to corruption risks, and it might cover defence and security procurement (see the answer to question 57A).
Section 8 of the 2016 Public Procurement Law addresses the fight against corruption it states that a code of ethics and professional conduct for officials involved in the control, award and performance of public contracts shall be written (Art. 88), (1). A published copy could be found on the ONPLC’s website. One of the main purposes of the code is to set out the main values that should govern the conduct of public officials responsible for procurement in the performance of their duties (2). A critical newspaper report stated, that “[e]ven if this code is adopted, if there is no real will to fight corruption, it will always persist” (3). The documents make no explicit reference to defence and security procurement.
1) “Public Procurement and Public Service Delegation Codes”, President of the Republic of Algeria, Section 8 “Fight against Corruption”. Accessed November 21, 2018. https://www.joradp.dz/TRV/FMPublic.pdf.
2) “Draft code of ethics and professional conduct for public officials responsible for public procurement”, onplc.org.dz. Accessed November 21, 2018. http://www.onplc.org.dz/images/ONPLC/français/codes%20dontologie.pdf.
3) “Algérie: Un code d’éthique des marchés publics pour lutter contre la corruption”, algerie-focus.com, July 3, 2013. Accessed November 21, 2018. https://www.algerie-focus.com/2013/07/algerie-un-code-dethique-des-marches-publics-pour-lutter-contre-la-corruption/.
Algeria score: NEI/100
There are regular exceptions to procurement requirements outlined in legislation and they are significant either in terms of number or scale.
Defence purchases are gennerally procured in line with legislation. There are some exceptions to the processes laid out by law, but they are minor.
The legislation on defence procurement is thoroughly implemented and followed for all defence procurement.
This indicator has not been assigned a score due to insufficient information or evidence.
The Public Procurement Law mentions some exemptions. It is unclear if defence purchases are procured in line with legislation. For example, tenders in defence and security are restricted (1). According to Art. 12 of the Public Procurement Law, in case of a compelling emergency motivated by an imminent danger to an asset or investment, the minister, the wali or the president of the respective municipal popular assembly may authorize the commencement of performance of services before the conclusion of the public contract. The article only broadly states that an emergency is present when, for example, public order is threatened. No further information with regards to the defence and security sector was found in the law. Art. 45 of the Public Procurement Law does formally allow for restricted tenders and outlines the requirements for such a process (2). No information with regards to the defence sector was provided in Art. 45.
1) “Special Focus Algeria”, Epicos 2017, epicos.com. Accessed November 21, 2018. https://www.epicos.com/sites/default/files/newsletter_2017_03_29.pdf.
2) “Public Procurement and Public Service Delegation Codes”, President of the Republic of Algeria, Section 2 “Specific procedures”, Subsection 1 “Procedures in case of urgent emergency”. Accessed November 21, 2018. https://www.joradp.dz/TRV/FMPublic.pdf.
Compare scores by country
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|Country||57a. Legal framework||57b. Corruption risks||57c. Effectiveness|
|Algeria||NS||25 / 100||NEI|
|Angola||NS||50 / 100||0 / 100|
|Burkina Faso||NS||0 / 100||0 / 100|
|Cameroon||NS||0 / 100||NA|
|Cote d'Ivoire||NS||0 / 100||NA|
|Egypt||NS||0 / 100||NA|
|Ghana||NS||50 / 100||50 / 100|
|Iraq||NS||0 / 100||0 / 100|
|Jordan||NS||0 / 100||0 / 100|
|Kuwait||NS||0 / 100||0 / 100|
|Lebanon||NS||0 / 100||0 / 100|
|Mali||NS||0 / 100||0 / 100|
|Morocco||NS||0 / 100||0 / 100|
|Niger||NS||100 / 100||50 / 100|
|Nigeria||NS||0 / 100||0 / 100|
|Oman||NS||0 / 100||NA|
|Palestine||NS||0 / 100||50 / 100|
|Qatar||NS||0 / 100||NA|
|Saudi Arabia||NS||0 / 100||0 / 100|
|Tunisia||NS||100 / 100||100 / 100|
|United Arab Emirates||NS||0 / 100||NA|