ECONOMIC GOVERNANCE PROGRAM
Democratic Republic of Congo
Ministry of Finances
Technical Committee of Monitoring and Evaluation of Reform
« CTR »
Improving Economic Governance
Matrix of Actions to Undertake
Objectives:
To restore confidence and transparency in the natural resources management;
To improve business climate;
To improve the effectiveness of the use of the resources resulting from the extractive sector;
To improve transparency, effectiveness and economy in the implementation procedures of the public expenditure.
«Bank’s Assessment – As of January 19, 2013 »
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I. Exploitation of natural resources is done in such a way as to derive the maximum benefit to the state
I.1. Strengthening accountability and transparency in concession and contract management in the mining, forestry and oil sectors
A. Mining Sector
* Publication of mining rights and contracts
1 Disclose all contracts between public mining
enterprises and private partners within 60 days of
approval, in accordance with the existing laws and
regulations
Continuous Mining Ongoing. Pursuant to Decree No. 011/26 of May 20, 2011, which
establishes the obligation to publish all contracts in the Extractive
sector, contracts signed in the mining sector are published on the
Government site (www.mines-rdc.cd, or www.gecamines.cd). As of
January 19, 2013, 134 out of 135 contracts1 and addendums have
been published on the Government site (www.mines.rdc.cd).
2
Complete a review of existing laws and regulations
and carry out relevant modifications to formalize this
requirement of publication:
a) Review existing laws and regulations
Not specified Mining (CTCPM,
PROMINES)
Completed. The Ministry of Mines reviewed existing laws and
regulations. The current texts do not require publication of contracts.
b) Preparation of a draft decree on the
publication of all partnership contracts in
mines, as well as forestry and oil
31 March
2011
Mining Hydrocarbons
Environment
Completed. A draft decree was prepared by the Technical Unit of
Mining Coordination and Planning (CTCPM) and discussed with the
Ministries of Hydrocarbon and Environment. World Bank provided
comments on the draft decree.
c) Submission of a draft decree on the
publication of all contracts to the Commission
on Laws of the Government for review and
approbation
31 March
2011
Mining Hydrocarbons
Environment
Completed. A draft decree requiring publication of all contracts on
natural resource sector (developed in consultation with World Bank
staff) has been submitted to the Commission on Laws of the
Government through a letter from Minister of Mines No
CAB.MIN/MINES/01/0331/2011 of April 5, 2011.
d) Adoption of the draft decree by government
and signature of the decree on publication of
all partnership contracts
30 April
2011
Mines;
Prime Minister’s
Office
Completed. The draft decree supporting the publication of contracts
was adopted by the Government and signed by the Prime Minister on
May 20, 2011 (Decree No 011/26 of May 20, 2011), and published
on Official Journal No 12 of June 15, 2011.
3 Undertake a satisfactory evaluation of the draft
standard contract before adoption by government
31 May 2011 Mining (CTCPM,
PROMINES)
Prime Minister’s
Office
Ongoing. A draft standard contract has been prepared by CTCPM
under a Decree for the mining sector. World Bank provided
comments, which have been incorporated in the final version. The
Standard contract has not yet been adopted by government.
1 The government has published the process-verbal of the Board of directors authorizing Gecamines to sell 25% of its share in COMIDE to STRAKER INTERNATIONAL
Company.
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4
Record in the cadastral system all allocated mining
rights and systematically update them with easy
access to the public through the website:
CAMI Completed. All mining rights are recorded in the cadastral database,
and are published on the website of CAMI (www.cami.cd).
a) Publish the map of mining concessions and
the list of permits on the website of the
Ministry of Mines
17 Dec. 2010 Mining (CAMI,
CTCPM)
Completed. The map of mining rights and list of permits are
available on the Government site (www.miningcongo.cd).
b) Set up a functional internet interface on the
CAMI website
30 April
2011
Completed. A functional internet interface is operational from
CAMI website. The materials including servers have been delivered
and installed under the PROMINES Project.
5
Ensure traceability of payments for surface area
rights in order to allow CAMI to implement the
mining regulations
Finance
a) Request the opening of a sub-account for the
revenues of the administrative and non-tax
revenue agency (DGRAD)
31 Dec. 2010 Mining (CAMI) Completed. By letter (No. REF/CAMI/DG/02862/2010) of Dec. 31,
2010, the Director-general of CAMI requested the Minister of
Finance to establish a sub-account for the annual surface rights
revenues for each block to ensure the traceability of payments.
b) Open a provisional sub-account for DGRAD
at a commercial bank
31 January
2011
Finance Completed. On instructions from the Minister of Finance, the
Directorate of Administrative Revenues (DGRAD) established a
transit account No 05101-0200099736-17 USD at Rawbank
Kinshasa on January 13, 2011 in order to consolidate all the surface
rights payments before leveling them at the Treasury account.
6 Ensure mechanism of budget funding made regularly
available to CAMI and other entities for their current
operation
Continuous Finance
Budget
Completed as of November 14, 2012. By letter (No. 0231
CAB/MIN/FINANCES/CTR/MUL/ NGA/2011 of
January 18, 2011), the Minister of Finance agreed to provide
financial resources to CAMI on a regular basis to cover its operating
cost. To date CAMI receives regular monthly allocations and does
not accuse arrears.
7 Extend CAMI operations to provinces To be
determined
Mining (CAMI) In progress. Activities to extend CAMI operations to provinces are
included in the procurement plan of PROMINES Project for the
period of July 2012 to March 2013.
* Transparent and competitive access to mineral resources
8
Implementation of the Request for Proposal (RFP)
procedures for public concessions
a) Prepare and adopt the procedural manual
31 January
2011
Mining (CTCPM, CAMI
et CRGM)
Completed. A draft procedural manual was prepared by the Ministry
of Mines. World Bank provided comments, which were incorporated
in the final version. The procedural manual is in line with the
procedure as set out in the mining code.
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b) Adopt a ministerial decree allowing for
waived rights and permits to be unfrozen,
under the jurisdiction of the Center for
Geological and Mining Research (CRGM) for
their transfer to the Public Domain of the
Government, with a view to organize tenders
31 January
2011
Mining (CTCPM, CAMI
et CRGM)
Completed. A ministerial decree was prepared and adopted.
9
Initiate a RFP starting with eligible and priority
concessions
Mining
a) Identify and select a pilot mining block based
on technical files sent to the Ministry of
Mines
31 March
2011
Mining Completed. The identification and selection of five pilot mining
blocks is completed, and the selection is confirmed by an order of the
Minister of mining. The pilot mining blocks are reserved for a
competitive bidding.
b) Draft the terms and conditions and launch a
pilot RFP
31 May 2011 Mining Not completed. Documented studies on the five pilot mining blocks
will be prepared by a consultant to be recruited under the
PROMINES Project. The procurement process needs to be
accelerated.
c) Assess the bids and allocate the mining
blocks
30 Sept.
2011
Mining Not completed. This measure will be done after the launch of the
tender. The procurement process needs to be accelerated.
B. Forestry sector
10
Finalize the legal review process of former forestry
licenses
a) Publish the claims and decisions relating to
the legal actions filed by holders of licenses
which were considered eligible for conversion
by the ad hoc inter-ministerial committee
31 March
2011
Environment Completed. The claims and decisions related to the legal actions
filed by holders of these licenses have been posted on the Ministry of
the Environment site (www.mecnt.gouv.cd).
b) Publish the calendar of negotiations of the
terms and conditions relating to the
environmental and social obligations, which
are attached to the forest concessions
contracts
30 April
2011
Environment
Ongoing. The Government has achieved the following progress:
End-September 2012: 15 forest concession contracts signed;
End-October 2012: 48 out of 80 concession contracts signed,
of which 24 published on the Ministry of the Environment
site (www.mecnt.gouv.cd);
End-2012: 48 concessions signed social responsibility
contracts, 24 of them are published, 12 are being published
and 12 are under review.
11 Adopt a decree to confirm that the discretionary
allocation would only be used for concessions geared
toward nature conservation and environmental
30 April
2011
Environment,
Prime Minister’s Office
Completed. A decree n°011/25 on May 20, 2011 was adopted by the
Council of Ministers and signed by the Prime Minister. This Decree
replaced the Decree No 08/09 of April 8, 2008 relating to the
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services awarding process of forest concessions.
12 Prepare a report on status of existing licenses in the
forestry sector
Continuous Environment Completed. The status report on existing licenses and permits for
2011 is available on the Ministry of the Environment website
(www.mecnt.cd). The status report for 2012 is being prepared in
2013.
Artisanal permits: Arrêté No. 35 stipulates that artisanal permits are
attributed by the Provincial Government (not the Ministry of
Environment, MECNT) to registered local artisans, not foreigners or
logging companies. In 2011, MECNT erroneously attributed 54
artisanal permits to foreign individuals and logging companies,
allowing the latter to evade responsibility for establishing local social
infrastructure as forest concessionaires have to do. The new minister
has already cancelled 8 of these permits recently and the process to
cancel the remaining illegal contracts continues.
13 Publish and update the list of rights holders Continuous Environment Ongoing. The list of rights holders had been prepared, updated, and
published on the Ministry of the Environment website on
February18, 2011. The list for 2012 has not yet been published.
14 Update the list of holders of forest rights that are
current in their payment of taxes and inform the
forestry administration on other cases, with a view to
adoption of enforcement measures
Continuous
(quarterly
basis)
Finance Environment Ongoing. Fiscal revenue from the forestry sector continues to be
published in the Ministry of finance website (www.minfinrdc.cd).
The last publication concerns fiscal revenue of the third trimester of
2012.
C. Oil Sector
* Definition and dissemination of sector policy
15 a) Update the policy letter on the oil sector
31 March
2011
Hydrocarbons
Completed. The petroleum sector policy letter for the period 2011–
13 was prepared and adopted by the Council of Ministers in May
2010. This policy letter was after then updated based on the
guidelines issued by the President of the Republic and the comments
from Parliament, particularly with respect to the granting of
production and exploration permits, and the need to emphasize on the
evaluation of reserves rather than the flat-rate taxation.
b) Adopt the letter of strategy by the Council of
Ministers and dissemination
To be
determined
Hydrocarbons Partially completed. By letter No MHYD/CMK/554/CAB/MIN/11
of July 26, 2011, the Minister of Hydrocarbons transmitted to the
Government the revised policy letter on the oil sector. This was
adopted by the Council of Ministers on September 13 2011. The
dissemination workshop of the strategy is not yet organized in
waiting for the adoption of the hydrocarbon law.
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* Publishing of legal and regulatory framework and existing and future petroleum agreements
16 Development of the website for the Ministry of
Hydrocarbons through:
a) Defining financing needs (including training
plan), preparing the Terms of Reference,
launching bidding and signing the service
delivery contract
31 March
2011
Hydrocarbons Completed. Financing needs were identified and the service delivery
contract signed and executed.
b) Implementation of the website and training
30 June 2011 Hydrocarbons Completed. The Ministry of Hydrocarbons website has been
established and presented to the public on January 15, 2013
(www.hydrocarbures.gouv.cd). The Bank could provide additional
resources though the existing Promines project to cover the training
program in case of financial gap.
17
Publication of the legal and regulatory framework as
well as oil agreements:
a) Publish existing laws and regulations on the
website of the Ministry of Hydrocarbons
30 June 2011 Hydrocarbons Completed. As the Ministry of Hydrocarbons did not have a website,
in the interim the laws and regulations were all published in the
website of the Ministry of Mines (www.mines-rdc.cd). Further the
amendment related to the transfer of shares by SACOIL to TOTAL
and SEMLIKI (a subsidy of South African upstream oil company)
has been approved by Ordinance No 11/110 of December 27, 2011,
and posted on the Ministry of Mines site.
b) Publish the new hydrocarbons law on the
website of the Ministry of Hydrocarbons
After its
adoption
Hydrocarbons Not Completed. The Ministry of Hydrocarbon organized a
workshop on September 26-28, 2012 to review the draft
Hydrocarbons law. This workshop amended a number of articles
including the article on the type of contracts which will govern the
activities in this sector. The draft hydrocarbons law has been
reviewed by the Environment and natural resources Commission of
the National Assembly and its adoption is planned during the March
2013 session.
c) Publish, within 60 days following approval,
all oil agreements as well as exploration or
development permits. In addition, publish all
existing oil agreements
30 June 2011 Hydrocarbons Completed. As the Ministry of Hydrocarbons did not have a website,
agreements and exploration and development permits were all
published in the website of the Ministry of Mines (www.mines-
rdc.cd). As of to date, 28 petroleum contracts are published,
representing 100 percent of the existing stock.
d) Disseminate the petroleum law After
promulgation
Hydrocarbons Not Completed. Outreach is subject to promulgation of the
petroleum law.
e) Publish on the website of the Ministry of 30 June 2011 Hydrocarbons Ongoing. All the contracts signed in the oil sector are published on
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Hydrocarbons the map of oil blocks granted
or open, including the holders of the
exploration and exploitation rights as well as
the expiration dates of those rights
the Ministry of Mines website. These include the production sharing
agreements and the map of oil blocks granted and those not granted.
18
Clarification of regulatory framework:
Adopt standard oil agreements defining 60 days after
promulgation
Hydrocarbons Ongoing. The draft standard oil agreements will be discussed with
the World Bank once the petroleum law is promulgated.
* Granting of petroleum exploration and exploitation rights under competitive principles in accordance with the best international practices
19 a) Prepare and approve by decree the manual
for tenders and single source procedure
30 June 2011 Hydrocarbons Not Completed. A decree is pending the approbation of the
Hydrocarbons law. In the meantime, a ministerial decree organizing
the tender for a few identified oil blocks is under preparation.
b) Assess the national oil basins and classify the
zones based on their maturity
Since end-
December
2010
Hydrocarbons Ongoing. The consulting firm Fugro has been recruited to undertake
the assessment of the national oil basins. The study is currently
underway. A team from the Ministry of Hydrocarbons has been
designated, and the members will be traveling to South Africa for a
capacity building training program funded by Fugro.
* Improvement of oil sector management and implementation of reforms
20 a) Finalize the organizational chart of the
Ministry of Hydrocarbons
30 June 2011 Hydrocarbons Not completed. The Secretariat General of Hydrocarbons is
elaborating the organizational chart in consultation with the Ministry
of Civil Service.
b) Assess needs and set up the training plan as
well as the financial means
31 March
2011
Hydrocarbons Completed. The training program has been initiated and 50 staff
participated in the first training sessions during the second semester
of 2010. The training program for 2011 started on February 22, 2011.
The training program is delivered by the Oil French Institute (IFP).
* Environment protection
21 Define the procedure relating to the declaration of
protected areas and restricted areas as well as how
they are to be graded and downgraded with respect to
oil exploration and development
30 June 2011
Hydrocarbons;
Mines;
Environment
Ongoing. The environment protection law was adopted in July 2011
(law No 11/009 of July 9, 2011). However the petroleum law is still
being discussed at Parliament. More generally, the various ministries
are working to ensure that: (i) the principles of classification and
declassification of zones as well as related institutional
responsibilities are well defined and reflected in the legal and
regulatory of environment; and (ii) the judicial framework and the
regulations are consistent between the Ministry of Environment and
the Ministry of hydrocarbons.
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D. Cross-cutting themes
I.2. Improving transparency and accountability in the management of natural resources
22 Adopt the EITI reports checking the amounts
collected and deposited with the Public Treasury in
2008 and 2009, and an action plan to resolve
disparities
12 June 2011 Planning,
Mines; Hydrocarbons
Completed. The 2008 and 2009 EITI reports have been finalized and
adopted by the EITI Secretariat on January 26, 2012. The reports
were disseminated during a workshop held on May 31, 2012. To
date, the national EITI Committee is currently collecting data for the
preparation of the 2010 report. This report is due to the Board of the
EITI Secretariat no later than March 1, 2013 to rule on the
conformity of the DRC process.
23 Adopt a procedure, which allows regular monitoring
of records on all resources in the treasury accounts,
10 days after the end of each month
Continuous SG of Hydrocarbons;
Finance
Completed. Under the coordination of CTR (Technical Committee
of Reforms), the experts of the financial authorities, sectorial
ministries and the World Bank agreed on a framework for the
presentation and monitoring of revenue. The order No
CAB/MIN/FINANCES/CTR/MUL/KAN/ 2011 adopting the new
framework was signed by the Minister of Finance on March 19 2011.
24 Publish on a quarterly basis on the Finance Ministry’s
Website: (i) revenues coming from the sales of goods
from the natural resources sector and (ii) the bonuses
(signature bonus), collected royalties and dividends
Starting
January 2011
Finance;
Sectorial Ministries
Completed. Data are disclosed on regular basis. The reports for all
quarters 2011 and the first three quarters of 2012 are published on the
government website (www.minfinrdc.com). The report for the last
quarter of 2012 is already prepared and is being published shortly.
I.3. Ensuring Best International Practices in the Sale of Public Assets
25 a) Implement the proposals of decree no. 08/2008
dated 07/07/2008 on the State divestiture from
the Portfolio enterprises, namely those relating to
the authorization of the Minister of Portfolio for
competitive RFP
31 March
2011
Finance;
Mines;
Portfolio
Completed. Legal provisions exist. They are reinforced by the
Circular No. 006/CAB/MIN/FINANCES/2011 and No
001/MINPF/FK/JML/2011 of May 06, 2011 related to compliance
with the terms and procedures for divestiture by State-owned
enterprises, sent to the Board members and CEOs of State-owned
enterprises.
b) Put in place the guiding principles governing in
the management of mining rights owned by
public mining companies, the terms for
transferring them to private or public partners,
and the management of the revenue generated by
such transfers
30 June 2011 Finance;
Mines;
Portfolio
Completed. A consultation meeting held in June 2011 showed that
current laws contain provisions relating to (i) the management of
mining titles held by public mining companies, (ii) the terms of
transfer to public or private partners and (iii) the management of
revenue resulting from these transfers. These provisions have been
strengthened by the inter-ministerial Circular of May 6, 2011.
1.4. Strengthening transparency and accountability Mechanism
26 Formalize a participatory monitoring and dialogue
platform based on the EITI structure model including
30 June 2011
Mining (CTCPM and
PROMINES)
Ongoing. The draft platform, prepared by CTCPM was finalized by
a committee involving all stakeholders. Harmonization sessions on
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all the stakeholders (Government, Civil Society,
public and private enterprises), concerning the mining
policy and its implementation, as well as management
of the sector
the draft decree establishing the monitoring and dialogue platform
were held during the month of August 2012. The next step is to
submit the draft decree to the Inter-ministerial Committee of
Economy, Finance and Reconstruction (ECOFIRE).
27 Regularly assess the actions described above, publish
the results and implement the recommendations in
order to facilitate monitoring and reporting regarding
publication of contracts and use of RPFs
Annual basis
beginning in
2012
Mining (CTCPM et
PROMINES)
Ongoing. Assessments are carried out jointly with the Bank staff
regularly, including during the supervision missions of Promines
Project and during the IMF missions.
II. Improving legal certainty of the business environment
28 Adherence to the New York Convention of 1958 on
the recognition and enforcement of foreign arbitral
awards:
a) Confirm by the Government the intention to
implement the NY Convention
15 January
2011
Justice Completed. The Government has confirmed its commitment in the
context of the ECF arrangement (Letter of Intent of January 21,
2011). The commitment was reinforced in a separate letter from the
Prime Minister to the President of the World Bank Group in March
2011(letter No GC/PM/152/2011 of March 18, 2011).
b) Draft legal documents needed to accede to
the NY Convention
28 February
2011
Justice Completed. Legal documents were prepared by the Ministry of
Justice and transmitted to the Prime Minister and the Minister of
Justice.
c) Have the documents reviewed by the
Government Commission on Laws
31 March
2011
Justice Completed. The Ministry of Justice transmitted the documents
relating to the New York Convention to the Commission on Laws for
review before adoption by the Council of Ministers.
d) Adopt in a Council of Ministers meeting the
legal documents required to accede to the NY
Convention
7 April 2011 Justice Completed. The draft law was adopted by the Council of Ministers
on May 20, 2011.
e) Send the legal documents concerning
accession to the NY Convention to the
Parliament for adoption
15 April
2011
Justice Completed. The draft law was adopted by the Council of Ministers
on May 20, 2011 has been sent to Parliament. At the request of
Parliament, an information session on NY convention was organized
by CENACOM (National Center for Arbitration, Conciliation and
Mediation) in December 2012, and many of Parliamentarians
attended the workshop. The New York Convention is expected to be
adopted during the March 2013 session.
f) Implement a program for capacity-building
of judges and other legal and technical
July-Sept.
2011
Justice Ongoing. The first training sessions of magistrates have been
delivered in February 2011 by the High School of Law of Benin. A
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professions involved in arbitration, in parallel
with the implementation of the Law on
OHADA
second training session to trainers of magistrates and Justice staff
was held in Benin in December 2011. Two other training sessions for
magistrates and Justice staff took place in January and April 2012 in
Kinshasa and Benin respectively.
g) Submit the legal documents at the United
Nations section for international treaties
One month
after
approval by
Parliament
Justice Not completed. The transmittal will take place after the NY
convention is adopted and promulgated.
III. Transparent and efficient use of allocated public resources: Competition and publication of information
3.1. Procurement institutions fully established and functional
29 Make effective the Procurement Regulatory Agency
(ARMP) and the Directorate General of Public
Procurement (DGCMP) by appointing the
representatives of private sectors, the Directors
General of ARMP and DGCMP and the key
operational staff.
26 March
2011
Presidency; Prime
Minister’s Office;
ARMP;
Budget
Completed. Director General of ARMP and his Deputy were
appointed by Decree on March 24, 2011. Director General of
DGCMP and the representative of the private sector to the ARMP
Board were appointed on April 2, 2011.
30 Set up the Dispute Resolution Committee by
designating on equal basis the representative
members of all stakeholders (State, private sector,
civil society), and proceeding with their installation in
the position.
02 April
2011
Prime Minister’s
Office ;
ARMP
Completed. The members of the Dispute Resolution Committee
have been appointed and installed by Decree No 12/027 of July 25,
2012.
31 Establish the operating budget for ARMP for 2011
02 April
2011
Budget ;
ARMP
Ongoing. Operating costs for ARMP and DGCMP are covered by
the government budget. However the management audit undertaken
by the Ministry of finance showed some irregularities in the financial
management of and overstaffing at ARMP. Action plan to address
the recommendations is being implemented by ARMP. However
more recently, the two major institutions responsible for regulation
and control (ARMP and DGCMP) have not been working in good
conditions because the staff of the ARMP has not been paid since
more than eight months and DGCMP has no office since 3 months.
The situation has improved recently as the Ministry of finance
ordered the payment of salary arrears, and office space in the
building of the Ministry of budget is allocated to DGCMP.
32 Lead the discussion on a sustainable financing
mechanism of the ARMP that would include the
30 June 2011 Prime Minister’s
Office;
Ongoing. The Board of Directors of ARMP has reviewed and
approved the draft decree fixing the taxation rate on public
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financing for the costs of procurement annual audits,
the management of public contracts and public
service delegations, and the development of a
mechanism to ensure the independence and
effectiveness of the institution.
Budget;
ARMP
procurement and public service delegations. The draft decree was
sent to the Prime Minister for approval. However, the Government
intends to first address the issues that came from the organizational
audit of ARMP carried out recently.
33 Set up the Public Procurement Management Units in
the pilot ministries and appoint their staff
31 March
2011
Pilot Ministries Completed. The procurement units in the ten (10) pilot ministries are
established by circular of Minister of Budget signed on February 12,
2011. These include the ministries of (i) Interior and Security, (ii)
Health, (iii) Infrastructure, Public Works and Reconstruction, (iv)
Agriculture, (v) Energy, (vi) Primary, Secondary and Professional
education, (vii) Environment, Nature Conservation and Tourism,
(viii) Budget. The procurement units are also in place in public
institutions such as National Assembly and the Supreme Court.
34 Set up the Public Procurement Management Units
and appoint their staff:
a) Other ministries
30 April
2011
Concerned ministries Partially Completed. Public procurement management units are
established in almost all the ministries (Finance, Public Service,
Culture and Arts, Interior, Health, Public Works, Agriculture and
Rural Development, Water Resources, Environment, Budget).
Government continues to establish the procurement units in the
remaining Ministries.
b) Public enterprises 30 April
2011
Partially Completed. The following Public companies and entities
have already a procurement unit in place: OGEFREM, ISTA,
Delegation General of Francophonie, RENATELSAT, General
Committee of Atomic Energy, the Promotion Fund for national
education, RVF and INPP.
c) Companies with majority state 30 April
2011
Partially Completed. CFUF (Chemin de fer des Bas Uele Fleuve)
has already a procurement Unit in accordance with the law.
35 Organize a workshop to discuss the establishment of
a new public procurement legislation and its effective
implementation at national and provincial level
30 April
2011
Prime Minister’s
Office
Completed. A workshop to launch the sensitization campaign on the
new procurement law was organized in Kinshasa on May 3, 2011 in
the presence of the Prime Minister. Since then several vulgarization
campaigns have been organized and continue to be organized in all
the 11 provinces.
3.2. The new regulation of public procurement and public service delegations is functional at provincial level by setting up and operationalizing the procurement
institutions after adopting the provincial budget law.
36 Adopt the provincial budget law and appoint key staff
in the public procurement institutions in the pilot
provinces
30 April
2011
Concerned Provinces Ongoing. A model of provincial budget law was sent to each
province in order to facilitate the adoption of the law at the
Provincial Assembly. To date, only the provinces of North Kivu,
South Kivu, Province Orientale and Katanga have adopted and
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promulgated the law.
37 Adopt the provincial budget law and appoint key staff
in the public procurement institutions in the other
provinces
31 May
2011
Concerned Provinces Ongoing. Kasai-Oriental has created (i) a Provincial Directorate of
Control of Public Procurement, (ii) a Procurement unit within the
governorate and the provincial ministries. There are six provinces
that have not yet adopted decrees on public procurement.
3.3. Support implementation of the new public procurement regulation
38 Finalize the training program at the national level and
propose a draft training plan at the provincial level by
benefiting from the individual expertise supporting
ARMP
16 April
2011
ARMP Completed. ARMP approved the training plan proposed by the
cabinet ISADE. The plan is currently implemented.
39 Sign the contract with the technical assistance firm to
develop a long term training program and launch its
implementation including training of staff.
30 April2011 Prime Minister’s
Office ;
ARMP
Completed. ARMP signed a contract for three year training program
with ISADE on August 26, 2010. Training of staff started in 2011.
As of to date, more than 1,500 staff from the Government, public
institutions (Presidency, National Assembly, Supreme Court), private
sector, civil society, professional corporate (such as lawyers,
architects, etc.) have been trained in the new procurement codes.
3.4 Enhance transparency in all procurement procedures and procurement management
40 DGCMP to approve the procurement plans prepared
by the Procurement Units of pilot ministries and
make them public
30 April
2011
DGCMP Completed. The procurement plans have been prepared by all the
pilot ministries and adopted by DGCMP. The plans are published on
ARMP website (www.armp-rdc.com).
41 Publish all procurement decisions including the
claims submitted by bidders.
30 June 2011 ARMP Completed. Information and decisions are published on ARMP
website (www.armp-rdc.com).
42 Develop a public procurement website and make it
operational, and prepare its connection to DG Market
30 June 2011 ARMP ;
PRCG
Ongoing. ARMP website is established and is operational since
February 2012. Initiatives to establish the interconnection with DG
Market are underway. ARMP sent a letter to DG Market to discuss
the arrangements needed to establish the interconnection.
3.5. Quality control: Evaluation of the functionality and operation of new institutions at both central and provincial level, and checking of the level of rules compliance
by all stakeholders as laid down by the law, and its implementation regulations (at least 80% all procurement transactions above USD 500,000 awarded on a
competitive basis).
43 Evaluate implementation of the procurement code
including the procurement plans assessment, and
submit the report
31 October
2011
ARMP Completed. The assessment was conducted and the report
transmitted to Prime Minister’s office in September 2011. The
assessment focuses on the functioning of institutions and the
execution procedures of public procurement in accordance with the
new code.
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# ACTIONS DEADLINE RESPONSIBLE STATUS
44 Submit the procurement code implementation report
at central and provincial level showing that at least
75% of all procurement transactions above USD
500,000 for the central services and USD 200,000 for
the provinces were awarded on a competitive basis,
and at least 50% of contracts involved have followed
the rules.
30 June 2012 ARMP Ongoing. A draft report prepared by ARMP showed that from the
784 selected contracts (totaling the amount of USD 1.125 billion)
and executed during the period of October 2010 and December 2011,
70% (representing USD 792.8 million) were awarded on competitive
basis and 30% (representing USD 332.2 million) awarded on a sole-
sole basis. An independent firm has been recruited to audit those
contracts in order to verify their compliance with the law.