ECONOMIC GOVERNANCE PROGRAM 75069 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 » # 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 Continuous Mining Ongoing. Pursuant to Decree No. 011/26 of May 20, 2011, which enterprises and private partners within 60 days of establishes the obligation to publish all contracts in the Extractive approval, in accordance with the existing laws and sector, contracts signed in the mining sector are published on the regulations 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, Completed. The Ministry of Mines reviewed existing laws and PROMINES) regulations. The current texts do not require publication of contracts. b) Preparation of a draft decree on the 31 March Mining Hydrocarbons Completed. A draft decree was prepared by the Technical Unit of publication of all partnership contracts in 2011 Environment Mining Coordination and Planning (CTCPM) and discussed with the mines, as well as forestry and oil Ministries of Hydrocarbon and Environment. World Bank provided comments on the draft decree. c) Submission of a draft decree on the 31 March Mining Hydrocarbons Completed. A draft decree requiring publication of all contracts on publication of all contracts to the Commission 2011 Environment natural resource sector (developed in consultation with World Bank on Laws of the Government for review and staff) has been submitted to the Commission on Laws of the approbation 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 30 April Mines; Completed. The draft decree supporting the publication of contracts and signature of the decree on publication of 2011 Prime Minister’s was adopted by the Government and signed by the Prime Minister on all partnership contracts Office 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 31 May 2011 Mining (CTCPM, Ongoing. A draft standard contract has been prepared by CTCPM standard contract before adoption by government PROMINES) under a Decree for the mining sector. World Bank provided Prime Minister’s comments, which have been incorporated in the final version. The Office 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. Page 2 sur 13 # ACTIONS DEADLINE RESPONSIBLE STATUS 4 Record in the cadastral system all allocated mining CAMI Completed. All mining rights are recorded in the cadastral database, rights and systematically update them with easy and are published on the website of CAMI (www.cami.cd). access to the public through the website: a) Publish the map of mining concessions and 17 Dec. 2010 Mining (CAMI, Completed. The map of mining rights and list of permits are the list of permits on the website of the CTCPM) available on the Government site (www.miningcongo.cd). Ministry of Mines b) Set up a functional internet interface on the 30 April Completed. A functional internet interface is operational from CAMI website 2011 CAMI website. The materials including servers have been delivered and installed under the PROMINES Project. 5 Ensure traceability of payments for surface area Finance rights in order to allow CAMI to implement the mining regulations a) Request the opening of a sub-account for the 31 Dec. 2010 Mining (CAMI) Completed. By letter (No. REF/CAMI/DG/02862/2010) of Dec. 31, revenues of the administrative and non-tax 2010, the Director-general of CAMI requested the Minister of revenue agency (DGRAD) 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 31 January Finance Completed. On instructions from the Minister of Finance, the at a commercial bank 2011 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 Continuous Finance Completed as of November 14, 2012. By letter (No. 0231 available to CAMI and other entities for their current Budget CAB/MIN/FINANCES/CTR/MUL/ NGA/2011 of operation 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 Mining (CAMI) In progress. Activities to extend CAMI operations to provinces are determined 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 Mining (CTCPM, CAMI Completed. A draft procedural manual was prepared by the Ministry 2011 et CRGM) 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. Page 3 sur 13 # ACTIONS DEADLINE RESPONSIBLE STATUS b) Adopt a ministerial decree allowing for 31 January Mining (CTCPM, CAMI Completed. A ministerial decree was prepared and adopted. waived rights and permits to be unfrozen, 2011 et CRGM) 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 9 Initiate a RFP starting with eligible and priority Mining concessions a) Identify and select a pilot mining block based 31 March Mining Completed. The identification and selection of five pilot mining on technical files sent to the Ministry of 2011 blocks is completed, and the selection is confirmed by an order of the Mines Minister of mining. The pilot mining blocks are reserved for a competitive bidding. b) Draft the terms and conditions and launch a 31 May 2011 Mining Not completed. Documented studies on the five pilot mining blocks pilot RFP 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 30 Sept. Mining Not completed. This measure will be done after the launch of the blocks 2011 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 31 March Environment Completed. The claims and decisions related to the legal actions the legal actions filed by holders of licenses 2011 filed by holders of these licenses have been posted on the Ministry of which were considered eligible for conversion the Environment site (www.mecnt.gouv.cd). by the ad hoc inter-ministerial committee b) Publish the calendar of negotiations of the 30 April Environment Ongoing. The Government has achieved the following progress: terms and conditions relating to the  End-September 2012: 15 forest concession contracts signed; 2011 environmental and social obligations, which  End-October 2012: 48 out of 80 concession contracts signed, are attached to the forest concessions of which 24 published on the Ministry of the Environment contracts 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 30 April Environment, Completed. A decree n°011/25 on May 20, 2011 was adopted by the allocation would only be used for concessions geared 2011 Prime Minister’s Office Council of Ministers and signed by the Prime Minister. This Decree toward nature conservation and environmental replaced the Decree No 08/09 of April 8, 2008 relating to the Page 4 sur 13 # ACTIONS DEADLINE RESPONSIBLE STATUS services awarding process of forest concessions. 12 Prepare a report on status of existing licenses in the Continuous Environment Completed. The status report on existing licenses and permits for forestry sector 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 Continuous Finance Environment Ongoing. Fiscal revenue from the forestry sector continues to be current in their payment of taxes and inform the (quarterly published in the Ministry of finance website (www.minfinrdc.cd). forestry administration on other cases, with a view to basis) The last publication concerns fiscal revenue of the third trimester of adoption of enforcement measures 2012. C. Oil Sector * Definition and dissemination of sector policy 15 a) Update the policy letter on the oil sector 31 March Hydrocarbons Completed. The petroleum sector policy letter for the period 2011– 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 To be Hydrocarbons Partially completed. By letter No MHYD/CMK/554/CAB/MIN/11 Ministers and dissemination determined 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. Page 5 sur 13 # ACTIONS DEADLINE RESPONSIBLE STATUS * 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 31 March Hydrocarbons Completed. Financing needs were identified and the service delivery plan), preparing the Terms of Reference, 2011 contract signed and executed. launching bidding and signing the service delivery contract 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 30 June 2011 Hydrocarbons Completed. As the Ministry of Hydrocarbons did not have a website, website of the Ministry of Hydrocarbons 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 After its Hydrocarbons Not Completed. The Ministry of Hydrocarbon organized a website of the Ministry of Hydrocarbons adoption 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, 30 June 2011 Hydrocarbons Completed. As the Ministry of Hydrocarbons did not have a website, all oil agreements as well as exploration or agreements and exploration and development permits were all development permits. In addition, publish all published in the website of the Ministry of Mines (www.mines- existing oil agreements rdc.cd). As of to date, 28 petroleum contracts are published, representing 100 percent of the existing stock. d) Disseminate the petroleum law After Hydrocarbons Not Completed. Outreach is subject to promulgation of the promulgation 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 Page 6 sur 13 # ACTIONS DEADLINE RESPONSIBLE STATUS Hydrocarbons the map of oil blocks granted the Ministry of Mines website. These include the production sharing or open, including the holders of the agreements and the map of oil blocks granted and those not granted. exploration and exploitation rights as well as the expiration dates of those rights 18 Clarification of regulatory framework: Adopt standard oil agreements defining 60 days after Hydrocarbons Ongoing. The draft standard oil agreements will be discussed with promulgation 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 30 June 2011 Hydrocarbons Not Completed. A decree is pending the approbation of the for tenders and single source procedure 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 Since end- Hydrocarbons Ongoing. The consulting firm Fugro has been recruited to undertake zones based on their maturity December the assessment of the national oil basins. The study is currently 2010 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 30 June 2011 Hydrocarbons Not completed. The Secretariat General of Hydrocarbons is Ministry of Hydrocarbons elaborating the organizational chart in consultation with the Ministry of Civil Service. b) Assess needs and set up the training plan as 31 March Hydrocarbons Completed. The training program has been initiated and 50 staff well as the financial means 2011 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 30 June 2011 Hydrocarbons; Ongoing. The environment protection law was adopted in July 2011 protected areas and restricted areas as well as how Mines; (law No 11/009 of July 9, 2011). However the petroleum law is still they are to be graded and downgraded with respect to Environment being discussed at Parliament. More generally, the various ministries oil exploration and development 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. Page 7 sur 13 # ACTIONS DEADLINE RESPONSIBLE STATUS D. Cross-cutting themes I.2. Improving transparency and accountability in the management of natural resources 22 Adopt the EITI reports checking the amounts 12 June 2011 Planning, Completed. The 2008 and 2009 EITI reports have been finalized and collected and deposited with the Public Treasury in Mines; Hydrocarbons adopted by the EITI Secretariat on January 26, 2012. The reports 2008 and 2009, and an action plan to resolve were disseminated during a workshop held on May 31, 2012. To disparities 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 Continuous SG of Hydrocarbons; Completed. Under the coordination of CTR (Technical Committee of records on all resources in the treasury accounts, Finance of Reforms), the experts of the financial authorities, sectorial 10 days after the end of each month 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 Starting Finance; Completed. Data are disclosed on regular basis. The reports for all Website: (i) revenues coming from the sales of goods January 2011 Sectorial Ministries quarters 2011 and the first three quarters of 2012 are published on the from the natural resources sector and (ii) the bonuses government website (www.minfinrdc.com). The report for the last (signature bonus), collected royalties and dividends 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 31 March Finance; Completed. Legal provisions exist. They are reinforced by the dated 07/07/2008 on the State divestiture from 2011 Mines; Circular No. 006/CAB/MIN/FINANCES/2011 and No the Portfolio enterprises, namely those relating to Portfolio 001/MINPF/FK/JML/2011 of May 06, 2011 related to compliance the authorization of the Minister of Portfolio for with the terms and procedures for divestiture by State-owned competitive RFP enterprises, sent to the Board members and CEOs of State-owned enterprises. b) Put in place the guiding principles governing in 30 June 2011 Finance; Completed. A consultation meeting held in June 2011 showed that the management of mining rights owned by Mines; current laws contain provisions relating to (i) the management of public mining companies, the terms for Portfolio mining titles held by public mining companies, (ii) the terms of transferring them to private or public partners, transfer to public or private partners and (iii) the management of and the management of the revenue generated by revenue resulting from these transfers. These provisions have been such transfers strengthened by the inter-ministerial Circular of May 6, 2011. 1.4. Strengthening transparency and accountability Mechanism 26 Formalize a participatory monitoring and dialogue 30 June 2011 Mining (CTCPM and Ongoing. The draft platform, prepared by CTCPM was finalized by platform based on the EITI structure model including PROMINES) a committee involving all stakeholders. Harmonization sessions on Page 8 sur 13 # ACTIONS DEADLINE RESPONSIBLE STATUS all the stakeholders (Government, Civil Society, the draft decree establishing the monitoring and dialogue platform public and private enterprises), concerning the mining were held during the month of August 2012. The next step is to policy and its implementation, as well as management submit the draft decree to the Inter-ministerial Committee of of the sector Economy, Finance and Reconstruction (ECOFIRE). 27 Regularly assess the actions described above, publish Annual basis Mining (CTCPM et Ongoing. Assessments are carried out jointly with the Bank staff the results and implement the recommendations in beginning in PROMINES) regularly, including during the supervision missions of Promines order to facilitate monitoring and reporting regarding 2012 Project and during the IMF missions. publication of contracts and use of RPFs 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 15 January Justice Completed. The Government has confirmed its commitment in the implement the NY Convention 2011 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 28 February Justice Completed. Legal documents were prepared by the Ministry of the NY Convention 2011 Justice and transmitted to the Prime Minister and the Minister of Justice. c) Have the documents reviewed by the 31 March Justice Completed. The Ministry of Justice transmitted the documents Government Commission on Laws 2011 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 7 April 2011 Justice Completed. The draft law was adopted by the Council of Ministers legal documents required to accede to the NY on May 20, 2011. Convention e) Send the legal documents concerning 15 April Justice Completed. The draft law was adopted by the Council of Ministers accession to the NY Convention to the 2011 on May 20, 2011 has been sent to Parliament. At the request of Parliament for adoption 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 July-Sept. Justice Ongoing. The first training sessions of magistrates have been of judges and other legal and technical 2011 delivered in February 2011 by the High School of Law of Benin. A Page 9 sur 13 # ACTIONS DEADLINE RESPONSIBLE STATUS professions involved in arbitration, in parallel second training session to trainers of magistrates and Justice staff with the implementation of the Law on was held in Benin in December 2011. Two other training sessions for OHADA magistrates and Justice staff took place in January and April 2012 in Kinshasa and Benin respectively. g) Submit the legal documents at the United One month Justice Not completed. The transmittal will take place after the NY Nations section for international treaties after convention is adopted and promulgated. approval by Parliament 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 26 March Presidency; Prime Completed. Director General of ARMP and his Deputy were (ARMP) and the Directorate General of Public 2011 Minister’s Office; appointed by Decree on March 24, 2011. Director General of Procurement (DGCMP) by appointing the ARMP; DGCMP and the representative of the private sector to the ARMP representatives of private sectors, the Directors Budget Board were appointed on April 2, 2011. General of ARMP and DGCMP and the key operational staff. 30 Set up the Dispute Resolution Committee by 02 April Prime Minister’s Completed. The members of the Dispute Resolution Committee designating on equal basis the representative 2011 Office ; have been appointed and installed by Decree No 12/027 of July 25, members of all stakeholders (State, private sector, ARMP 2012. civil society), and proceeding with their installation in the position. 31 Establish the operating budget for ARMP for 2011 02 April Budget ; Ongoing. Operating costs for ARMP and DGCMP are covered by 2011 ARMP 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 30 June 2011 Prime Minister’s Ongoing. The Board of Directors of ARMP has reviewed and mechanism of the ARMP that would include the Office; approved the draft decree fixing the taxation rate on public Page 10 sur 13 # ACTIONS DEADLINE RESPONSIBLE STATUS financing for the costs of procurement annual audits, Budget; procurement and public service delegations. The draft decree was the management of public contracts and public ARMP sent to the Prime Minister for approval. However, the Government service delegations, and the development of a intends to first address the issues that came from the organizational mechanism to ensure the independence and audit of ARMP carried out recently. effectiveness of the institution. 33 Set up the Public Procurement Management Units in 31 March Pilot Ministries Completed. The procurement units in the ten (10) pilot ministries are the pilot ministries and appoint their staff 2011 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 30 April Concerned ministries Partially Completed. Public procurement management units are and appoint their staff: 2011 established in almost all the ministries (Finance, Public Service, a) Other ministries 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 Partially Completed. The following Public companies and entities 2011 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 Partially Completed. CFUF (Chemin de fer des Bas Uele Fleuve) 2011 has already a procurement Unit in accordance with the law. 35 Organize a workshop to discuss the establishment of 30 April Prime Minister’s Completed. A workshop to launch the sensitization campaign on the a new public procurement legislation and its effective 2011 Office new procurement law was organized in Kinshasa on May 3, 2011 in implementation at national and provincial level 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 30 April Concerned Provinces Ongoing. A model of provincial budget law was sent to each in the public procurement institutions in the pilot 2011 province in order to facilitate the adoption of the law at the provinces Provincial Assembly. To date, only the provinces of North Kivu, South Kivu, Province Orientale and Katanga have adopted and Page 11 sur 13 # ACTIONS DEADLINE RESPONSIBLE STATUS promulgated the law. 37 Adopt the provincial budget law and appoint key staff 31 May Concerned Provinces Ongoing. Kasai-Oriental has created (i) a Provincial Directorate of in the public procurement institutions in the other 2011 Control of Public Procurement, (ii) a Procurement unit within the provinces 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 16 April ARMP Completed. ARMP approved the training plan proposed by the propose a draft training plan at the provincial level by 2011 cabinet ISADE. The plan is currently implemented. benefiting from the individual expertise supporting ARMP 39 Sign the contract with the technical assistance firm to 30 April2011 Prime Minister’s Completed. ARMP signed a contract for three year training program develop a long term training program and launch its Office ; with ISADE on August 26, 2010. Training of staff started in 2011. implementation including training of staff. ARMP 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 30 April DGCMP Completed. The procurement plans have been prepared by all the by the Procurement Units of pilot ministries and 2011 pilot ministries and adopted by DGCMP. The plans are published on make them public ARMP website (www.armp-rdc.com). 41 Publish all procurement decisions including the 30 June 2011 ARMP Completed. Information and decisions are published on ARMP claims submitted by bidders. website (www.armp-rdc.com). 42 Develop a public procurement website and make it 30 June 2011 ARMP ; Ongoing. ARMP website is established and is operational since operational, and prepare its connection to DG Market PRCG 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 31 October ARMP Completed. The assessment was conducted and the report including the procurement plans assessment, and 2011 transmitted to Prime Minister’s office in September 2011. The submit the report assessment focuses on the functioning of institutions and the execution procedures of public procurement in accordance with the new code. Page 12 sur 13 # ACTIONS DEADLINE RESPONSIBLE STATUS 44 Submit the procurement code implementation report 30 June 2012 ARMP Ongoing. A draft report prepared by ARMP showed that from the at central and provincial level showing that at least 784 selected contracts (totaling the amount of USD 1.125 billion) 75% of all procurement transactions above USD and executed during the period of October 2010 and December 2011, 500,000 for the central services and USD 200,000 for 70% (representing USD 792.8 million) were awarded on competitive the provinces were awarded on a competitive basis, basis and 30% (representing USD 332.2 million) awarded on a sole- and at least 50% of contracts involved have followed sole basis. An independent firm has been recruited to audit those the rules. contracts in order to verify their compliance with the law. Page 13 sur 13