Q76.

Does the country regulate lobbying of defence institutions?

76a. Legal framework

Score

SCORE: 0/100

Assessor Explanation

Assessor Sources

76b. Disclosure: Public officials

Score

SCORE: NA/100

Assessor Explanation

Assessor Sources

76c. Lobbyist registration system

Score

SCORE: NA/100

Assessor Explanation

Assessor Sources

76d. Oversight & enforcement

Score

SCORE: NA/100

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Relevant comparisons

No evidence could be found that law regulates the lobbying of defence institutions in Algeria. Research also did not find any general laws on lobbying. For example, a review of the official gazette since 2016 did not provide any evidence for such a regulation (1). Also, other laws related to the topic, such as the law on Public Procurement (2) or Anti-corruption (3), do not refer to any other legal regulations that might suggest that there is a regulation on lobbying. If lobbying of defence institutions takes place, likely, it does so in an informal way. For example, favouritism is believed to be common among public procurement officials (4).

This sub-indicator has been marked Not Applicable because no evidence could be found that law regulates lobbying of defence institutions in Algeria, for example, in the official gazette (1), the Law on Public Procurement (2) or the Law on Anti-corruption (3), see the answer to question 76A.

This sub-indicator has been marked Not Applicable because no evidence could be found that law regulates lobbying of defence institutions in Algeria, for example, in the official gazette (1), the Law on Public Procurement (2) or the Law on Anti-corruption (3), see the answer to question 76A.

This sub-indicator has been marked Not Applicable because no evidence could be found that law regulates lobbying of defence institutions in Algeria, for example, in the official gazette (1), the Law on Public Procurement (2) or the Law on Anti-corruption (3), see as well answer to question 76A.

There is no specific legal framework for regulating lobbying activity.

There is no specific legal framework for regulating lobbying activity. Thus, this indicator has been marked Not Applicable.

There is no specific legal framework for regulating lobbying activity. Thus, this indicator has been marked Not Applicable.

There is no specific legal framework for regulating lobbying activity. Thus, this indicator has been marked Not Applicable.

Burkina Faso does not have legislation that regulates lobbying in the defence sector (1).

Burkina Faso does not have legislation that regulates lobbying in the defence sector (1).

Burkina Faso does not have legislation that regulates lobbying in the defence sector (1).

Burkina Faso does not have legislation that regulates lobbying in the defence sector (1).

Cameroon has no framework for regulating lobbying activity.

Cameroon has no framework for regulating lobbying activity. Therefore, this indicator has been marked Not Applicable.

Cameroon has no framework for regulating lobbying activity. Therefore, this indicator has been marked Not Applicable.

Cameroon has no framework for regulating lobbying activity. Therefore, this indicator has been marked Not Applicable.

The legislative framework of Côte d’Ivoire does not contain explicit provisions regulating lobbying activity concerning public procurement contracts that apply directly to the defence and security sector.

According to the Code des Marchés Publics (Decree No. 2009-259 of 6 August 2009), which regulates all public procurement, including defence institutions, lobbying activity is not explicitly mentioned. However, Chapter 2 (On Penalties for violations committed by bidding parties), Article 187 (Acts of Corruption), Sections 1 and 2 list the types of illicit pressure (acts of corruption) that bidders (soumissionaires) can exert during a tender process. Though not referred to as “lobbying”, they include attempts by the bidder to influence a public official with a gift, bonus, commission or reward (1).

Article 187 (Acts of Corruption):
(1) “Without prejudice to the criminal penalties incurred, any attempt by a bidder to influence the evaluation of tenders or award decisions, including the offering of gifts, or any other benefit, shall entail…”
(2) “Any present, gratuity or commission, offered by the supplier, the contractor or the service provider, to induce a public official to do or to refrain from doing a particular action in the context of the contract or to reward him for having acted on the bidder’s behalf, is a reason for termination of the transaction” (1).

According to Order No. 202 of the Ministry of Economy and Finance (Arrêté No. 202 MEF/DGBF/DMP) of 21 April 2010, which regulates the terms of termination for public procurement contracts, Article 3.1.e states that a contract can be rescinded based on a bidder’s misconduct or fraud (“faute grave, fraude ou dol du titulaire”). However, there is no explicit mention of “lobbying” (offering gifts, bonuses, commissions or rewards to public officials) as constituting a form of misconduct (2).

According to the 2018 Africa Integrity Indicators (AII 2018) by Global Integrity, the Autorité Nationale de Régulation des Marchés Publics (ANRMP) has a publicly available “red list” (Liste Rouge) on its website of companies that have violated ANRMP and public procurement legislation (3). The latest red-listed company is Papici Top Buro, as per an ANRMP decision on August 27, 2018. The company is barred from bidding on public tenders until August 26, 2020 (4).

The legislative framework of Côte d’Ivoire does not contain explicit provisions regulating lobbying activity concerning public procurement contracts that apply directly to the defence and security sector. Therefore this indicator has been marked Not Applicable.

The legislative framework of Côte d’Ivoire does not contain explicit provisions regulating lobbying activity concerning public procurement contracts that apply directly to the defence and security sector. Therefore this indicator has been marked Not Appli

The legislative framework of Côte d’Ivoire does not contain explicit provisions regulating lobbying activity concerning public procurement contracts that apply directly to the defence and security sector. Therefore this indicator has been marked Not Appli

This sub-indicator has been marked Not Applicable because, after reviewing the Constitution, all the relevant laws, by-laws strategies and media platforms, there is no evidence that there is a framework for regulating lobbying activity (1), (2). This was verified by our interviews (3), (4), (5), (6).

This sub-indicator was marked Not Applicable because no legislation regulates lobbying. However, for conflict of interest, Article 16 of Law no. 106 (2013) states that public officials are responsible for avoiding any form of conflict of interest even if they are not explicitly mentioned in the law and that whenever they have a suspicion that a situation of conflict of interest is arising, they must inform the committee for the prevention of corruption (1), (2), (3), (4).

This sub-indicator was marked Not Applicable because the country has no legislation that regulates lobbying in the defence sector (1), (2), (3), (4).

This sub-indicator was marked Not Applicable because the country has no legislation that regulates lobbying in the defence sector (1), (2), (3), (4).

In Ghana, there is no legal framework in place to regulate lobbying activity. In 2013 the then minority party proposed, without success, a bill to the parliament to introduce a register for local and international lobbying organisations in Ghana (1). Interestingly, the current Minister of Defence, Dominic Nitiwul, who in the previous legislature was deputy minority leader was among the main proponents of the bill (2).

Since there is no legal framework in place to regulate lobbying activity, this indicator is scored Not Applicable.

Since there is no legal framework in place to regulate lobbying activity, this indicator is scored Not Applicable.

Since there is no legal framework in place to regulate lobbying activity, this indicator is scored Not Applicable.

There is no framework for regulating lobbying activity in Jordan. In fact, research has demonstrated that there is no general framework regulating Government lobbying activities at all. In relation to lobbying, common understanding of lobbying in Jordan is in relation to civil society lobbying. Interestingly, the majority of news around lobbying in Jordan focuses on lobbying in relation to women’s rights and fundraising for charitable causes [1, 2]. There is no evidence to support the fact that Jordan has any lobbying regulations, other than those applied to CSOs and the third sector [3]. However, there is an informal lobbying strategy within the defence sector, that includes meetings with embassy officials and other diplomats in order to bring financial or military assistance [2].

This sub-indicator has been marked as Not Applicable, as Jordan does not have legislation that regulates lobbying in the defence sector, and thus assessing it is irrelevant within this context [1,2].

This sub-indicator has been marked as Not Applicable, as Jordan does not have legislation that regulates lobbying in the defence sector, and thus assessing it is irrelevant within this context [1,2].

This sub-indicator has been marked as Not Applicable, as Jordan does not have legislation that regulates lobbying in the defence sector, and thus assessing it is irrelevant within this context [1,2].

The country has no legal framework to regulate lobbying, officials and activists said (1, 2, 3, 4 and 5).

This sub-indicator has been been marked Not Applicable because Kuwait does not have legislation that regulates lobbying in the defence sector.

This sub-indicator has been been marked Not Applicable because Kuwait does not have legislation that regulates lobbying in the defence sector (1) (2).

This sub-indicator has been been marked Not Applicable because Kuwait does not have legislation that regulates lobbying in the defence sector (1) (2).

There is no framework regulating lobbying activity in Lebanon. No information was found on lobbying in the defence sector. A source confirmed there is no lobbying activity in the defence sector in Lebanon.

This sub-indicator has been marked Not Applicable, as Lebanon does not have legislation that regulates lobbying in the defence sector.

This sub-indicator has been marked Not Applicable, as Lebanon does not have legislation that regulates lobbying in the defence sector.

This sub-indicator has been marked Not Applicable, as Lebanon does not have legislation that regulates lobbying in the defence sector.

Mali has no framework for regulating lobbying activity of defence institutions.

Mali has no framework for regulating lobbying activity of defence institutions. Therefore, this indicator has been marked Not Applicable.

Mali has no framework for regulating lobbying activity of defence institutions. Therefore, this indicator has been marked Not Applicable.

Mali has no framework for regulating lobbying activity of defence institutions. Therefore, this indicator has been marked Not Applicable.

Law n° 06-99 on the freedom of pricing and concurrence dating from June 2000 outlines for the creation of a Concurrence Council (1). A first ruling was adopted in 2005, leading to the creation of the Council in 2008. However, the Council’s powers are limited and only lead to minor actions. The period from 2011 to 2014 was more active for the Council but since the Law n° 20-13 on the Concurrence Council that built on the Council’s powers, the latter has been rather inactive to date. Moreover, the powers of the Concurrence Council do not extend to the armed forces.

No mention was found of the necessity or the intention to create and maintain a legal framework for regulating lobbying activity of defence institutions among the stated mission and recommendations of official anti-corruption bodies (2)(3)(4)(5)(6)(7)(8).

No evidence was found in CSO reports of any legal framework for regulating lobbying activity of defence institutions.

As the country does not have legislation that regulates lobbying in the defence sector, this sub-indicator is marked as Not Applicable.

As the country does not have legislation that regulates lobbying in the defence sector, this sub-indicator is marked as Not Applicable.

As the country does not have legislation that regulates lobbying in the defence sector, this sub-indicator is marked as Not Applicable.

The country has no framework for regulating lobbying activity that covers defence institutions.

The country has no framework for regulating lobbying activity that covers defence institutions. Therefore, this indicator has been marked Not Applicable.

The country has no framework for regulating lobbying activity that covers defence institutions. Therefore, this indicator has been marked Not Applicable.

The country has no framework for regulating lobbying activity that covers defence institutions. Therefore, this indicator has been marked Not Applicable.

Nigeria has no framework for regulating lobbying activity.

In October 2016 the Nigerian Senate approved the second reading of the Lobbying Disclosure Act Amendment Bill 2016 which seeks to introduce a register for the lobbying organisations, it requires lobbyists to disclose their sources of income and expenditure, introduce a code of conduct, establish oversight institutions and create a clearer legal framework (1). The proposal is currently before the Committee on Judiciary, Human Rights and Legal Matters.

Nigeria has no framework for regulating lobbying activity. Therefore, this indicator has been marked Not Applicable.

Nigeria has no framework for regulating lobbying activity. Therefore, this indicator has been marked Not Applicable.

Nigeria has no framework for regulating lobbying activity. Therefore, this indicator has been marked Not Applicable.

There is no legal framework for lobbying and lobbying groups activities. Oman is a major market for weapons due to its high expenditure on defence and security, with 16.7% of its annual GDP dedicated to the defence budget (1). It is not illegal to have lobbying groups, but there is no need to have them as the purchase is usually done at the political level. No explicit references are made to the lobbying of defence institutions by businesses on the MoD website nor on media outlets (2), (3). However, there are references to international meetings around defence purchases with US Secretary of State and UK officials (4), (5); meetings like these are difficult to separate from weapon procurement given Oman is a major weapons import market (6), (7).

This sub-indicator is marked Not Applicable because as described in sub-indicator 76A, there is no legal framework regulating lobbying in the defence sector.

This sub-indicator is marked Not Applicable because as described in sub-indicator 76A, there is no legal framework regulating lobbying in the defence sector.

This sub-indicator is marked Not Applicable because as described in sub-indicator 76A, there is no legal framework regulating lobbying in the defence sector.

The country has no framework for regulating lobbying activity.

This indicator has been marked Not Applicable, because the country has no framework for regulating lobbying activity (see Q76A).

This indicator has been marked Not Applicable, because the country has no framework for regulating lobbying activity (see Q76A).

This indicator has been marked Not Applicable, because the country has no framework for regulating lobbying activity (see Q76A).

There is no framework for regulating lobbying activity in Qatar. Research has demonstrated that there is no framework for regulating government lobbying activities at all. Most cases of lobbying in Qatar are civil society lobbying, with some political lobbying cases concerning foreign policy. [1, 2, 3]

This sub-indicator has been marked as Not Applicable, as Qatar does not have legislation that regulates lobbying in the defence sector.

This sub-indicator has been marked as Not Applicable, as Qatar does not have legislation that regulates lobbying in the defence sector.

This sub-indicator has been marked as Not Applicable, as Qatar does not have legislation that regulates lobbying in the defence sector.

Saudi Arabia has no framework governing lobbying activity of defence institutions. According to our sources, lobbying activities are done through personal connections and not organized bodies (1) (2). Lobbying does not form part of the political structure of the country, which is ruled as an absolute and autocratic monarchy. There is virtually no means for members of the public or groups to influence decision-making in Saudi Arabia concerning any state institution or sector.

As Saudi Arabia has no legislation regulating the defence sector (or any lobbying activities), this sub-indicator is marked as not applicable.

Saudi Arabia has no legislation regulating defence industry lobbying, therefore this sub-indicator is marked as not applicable.

Saudi Arabia has no legislation regulating defence industry lobbying, therefore this sub-indicator is marked as not applicable.

According to our sources, there are no regulations or laws that regulate the work of lobbying organisations or lobbyists in Tunis. This is because of the very limited purchases of defence expenditure in the country and the limited need for a large number of defence items(1,2,3).

This indicator is marked Not Applicable, as there are no laws that regulate lobbying defence institutions, and so there is no public information published on the issue.

This indicator is marked Not Applicable, as there are no laws that regulate lobbying defence institutions, and so there is no public information published on the issue.

This indicator is marked Not Applicable, as there are no laws that regulate lobbying defence institutions, and so there is no public information published on the issue.

The UAE does not have a legal framework for regulating lobbying activity concerning the defence sector. It has become clear throughout this assessment, that the UAE does not make any of its military laws publicly available. The defence sector is exempt from most federal government laws and regulations and is expected to have its own. Defence matters, as previously explained, are mostly dealt with confidentiality and secrecy. Research has revealed that the defence sector is exempt from the federal procurement regulations, and has its own regulations (1). These regulations which apply to the defence are mainly Federal Laws No. 6 and 7 of 2004, which specifically apply to the armed forces, clearly define bribery, and prohibit corruption within the defence sector (2), (3), (4). It is important to note that that UAE does not have any lobbying legislation, let alone one that applies to the defence (5), (6), (7). According to our sources, many lobbying activities are being conducted in the country at political, i.e. diplomatic/Embassy levels. Many weapon exporter countries try to get contracts with the UAE (8), (9).

This sub-indicator has been marked as Not Applicable, as the UAE does not have legislation that regulates lobbying in the defence sector (1).

This sub-indicator has been marked as Not Applicable, as the UAE does not have legislation that regulates lobbying in the defence sector (1).

This sub-indicator has been marked as Not Applicable, as the UAE does not have legislation that regulates lobbying in the defence sector (1).

Country Sort by Country 76a. Legal framework Sort By Subindicator 76b. Disclosure: Public officials Sort By Subindicator 76c. Lobbyist registration system Sort By Subindicator 76d. Oversight & enforcement Sort By Subindicator
Algeria 0 / 100 NA NA NA
Angola 0 / 100 NA NA NA
Burkina Faso 0 / 100 NA NA NA
Cameroon 0 / 100 NA NA NA
Cote d'Ivoire 0 / 100 NA NA NA
Egypt 0 / 100 NA NA NA
Ghana 0 / 100 NA NA NA
Jordan 0 / 100 NA NA NA
Kuwait 0 / 100 NA NA NA
Lebanon 0 / 100 NA NA NA
Mali 0 / 100 NA NA NA
Morocco 0 / 100 NA NA NA
Niger 0 / 100 NA NA NA
Nigeria 0 / 100 NA NA NA
Oman 0 / 100 NA NA NA
Palestine 0 / 100 NA NA NA
Qatar 0 / 100 NA NA NA
Saudi Arabia 0 / 100 NA NA NA
Tunisia 0 / 100 NA NA NA
United Arab Emirates 0 / 100 NA NA NA

With thanks for support from the UK Department for International Development and the Dutch Ministry of Foreign Affairs who have contributed to the Government Defence Integrity Index.

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