economic governance program public disclosure...

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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Typewritten Text

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# ACTIONS DEADLINE RESPONSIBLE STATUS

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.

http://www.mines-rdc.cd/

http://www.gecamines.cd/

http://www.mines.rdc.cd/

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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.

http://www.miningcongo.cd/

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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

http://www.mecnt.gouv.cd/

http://www.mecnt.gouv.cd/

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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.

http://www.mecnt.cd/

http://www.minfinrdc.cd/

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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

http://www.hydrocarbures.gouv.cd/




sur 13


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

http://www.minfinrdc.com/

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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.

http://www.armp-rdc.com/

http://www.armp-rdc.com/

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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.

economic governance program public disclosure...

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