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إدارة الموقع

No Retraction Of Imprisonment And Immediate Rescinding Of Deals In Case Of Corruption

Abdeslam Sékia /*/ English Version: Med.B.
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No Retraction Of Imprisonment And Immediate Rescinding Of Deals In Case Of Corruption

The Government is poised to bolster preventive measures to combat corruption when concluding public deals, with an emphasis on not forsaking criminal prosecutions in the event of corruption practice.

In the preliminary draft of the law defining the general rules related to public procurement, it was stated that the Minister of Finance prepares a “code of deontology and professional ethics for public officials and agents involved in preparing the conclusion, monitoring, negotiating or executing of public deals”.

According to the introductory version, reviewed by “Echorouk”, which includes 117 articles, “public officials and agents involved in concluding public deals are duly informed and pledge to respect them by virtue of a declaration, and they must also sign a declaration whereby there is no conflict of interest or taking an illegal interest, and the form of these two declarations is attached to the Code. “.

In addition to penal proceedings in the event of corruption being proven, the preliminary draft stipulates that “anyone who performs acts or maneuvers aimed at making a promise to a public official or aid to grant or allocate, directly or indirectly, either for himself or for another entity, a reward or privilege of whatever nature.” On the occasion of preparing, concluding, monitoring, negotiating or implementing a public deal or an annex, that would constitute sufficient grounds for taking any deterrent measure, in particular the termination or cancellation of the relevant public procurement or annex and the registration of the establishment concerned on the list of economic dealers prohibited from participating in Public transactions,” and the text emphasizes the need for the contracting customer to subscribe to a declaration of integrity.

The text provides other details, to ensure integrity when concluding public deals, in the event of a conflict of direct or indirect private interests, of a public official or agent participating in preparing, concluding, monitoring, negotiating or executing a public deal, with the public interest, and this would affect the exercise of his duties.

He must inform his relevant authority of this and relinquish this task, which, according to the preliminary draft, is incompatible with membership of the arbitration committee and status or rapporteur in the Public Procurement Committee with membership of the committee for opening envelopes and evaluating offers, when it comes to the same file.
The contracting authority may, for a period of four years, grant a general transaction, in any form, to its former employees who have ceased to perform their duties, except in the cases provided for in the applicable legislation and regulation.

Moreover, the economic operator who undertakes a public transaction cannot be in a position of conflict of interest related to the transaction in question, and if this situation arises, he must inform the contracting authority, and the text confirms that the owner of a public transaction cannot see some information that could give him a privilege when participating in another public transaction, participating in it, unless he proves that the information in his possession does not violate the principle of freedom of competition.
In this case, the contracting authority must prove that the information reported in the book of conditions maintains equality between all the bidding candidates.

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