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 Actualités ANDI

Installation of the Appeals Board in matter of investment

 The Appeals Board of investment intended to strengthen the protection of investors and the facilitation of administrative procedures, was installed on Tuesday in Algiers by the Minister of Industry and Mines Abdesslam Bouchoureb

The committee is responsible for examining appeals brought by investors:

- estimating themselves aggrieved, in matter of advantages granted  by a government department or agency responsible for the implementation of Ordinance 01-03 above,

- being subject, on decision of the ANDI, of a procedure for withdrawal of tax, customs, quasi-fiscal, financial, initiated pursuant to Article 33 of the Order, in case of non-respect of the obligations under this order or commitments made by the investors.

The Committee is composed of:

- The Minister in charge of Investment Promotion or his representative, President;

- A representative of the Minister of the Interior and local authorities, member;

- A representative of the Minister of Justice, Member;

- Two representatives of the Minister of Finance, members;

- A representative of the Minister concerned by the investment that is subject of the appeal.

- Expert or any person whose particular competence is likely to inform the members of the Committee upon invitation by the Chairman of the Committee.

The Secretariat of the Committee shall be provided by the General Directorate of Investment of the Ministry in charge of Investment Promotion.

Place of Meetings: Headquarters of the Ministry in charge of Investment Promotion.

Terms of referral: the Board is appealed by the investor himself through the introduction of an appeal brought within fifteen (15) days of notification of the act of the dispute. In case of no communication from the concerned administration or agency, the delay of which shall be not less than two (2) months from the date of referral. The appeal mentioned above is suspensive from the effect of the contested act. However, the administration may take protective measures. This recourse is exercised without prejudice to judicial review of the investor.

Composition of the appeal file: The application must contain:

- Name, address and capacity of the applicant;

- A statement of facts and grounds.

The request must be accompanied by all supporting documents.

Procedures and deadlines for examination of the file: The Chairman of the Board shall send a copy of the appeal file to the administration or organization concerned, which must provide its observations within a period of fifteen (15) days from the date of receipt of the file.

Condition of deliberation: The Board shall deliberate validly only in the presence of three (3) members at least. The opinions and recommendations of the Board are adopted by a majority of members present. In case of equality of votes, the chairman shall have the casting vote.

Response deadlines: the Board shall act within thirty (30) days after the introduction of the appeal.

Notification of the decision of the Board: The Board shall notify itself its decision to the parties concerned. No notification period is fixed by law.

Enforceability of the decision of the Committee: The decision of the Board is enforceable against the administration or organization concerned with the use




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