ESG Global Vision

Environmental policy

In force

All companies

The purpose of this law is the promotion of renewable energy, through the preferment of non-polluting energy sources in government contract, the implementation of a legal limit on nationwide greenhouse gas emissions, and the federalisation of renewable energy use.

This law defines renewable energy as any form of useable energy obtained from the transformation of solar radiation, wind energy, geothermal energy, organic waste, hydropower, and biomass.

Environmental policy

In force

All companies

This decree defines the conditions and procedures for obtaining authorisation to manufacture and/or import products presenting a toxic character or a particular environmental risk.

Companies who intend to manufacture/import such products must provide the competent authorities with a detailed breakdown of the make-up of the products, the relevant protection measures taken to avoid environmental harm, precautions taken, and a certified true copy of the trade register of the company. 

Pharmaceutical products and similar substances, as well as cosmetic  and personal hygiene products are excluded from the scope of application of this decree. 

Environmental policy

In force

All companies

The purpose of this law is to implement a national environmental protection policy within the framework of sustainable development. It lays down the fundamental principles and rules of environmental management as:

• the protection, restructuring and enhancement of natural resources;
• the restoration of damaged areas, and the prevention and fight against all forms of pollution;
• the improvement of the environment and citizens’ quality of life; and
• the promotion of the rational use of available natural resources.

Environmental policy

In force

All companies owning a classified installation (factories, workshops, construction sites, quarries, mines, and any other facility that may present hazards to the environment and human health).

The purpose of this decree is to define the regulations applicable to classified installations  for the protection of the environment.

In addition, this decree defines and sets out the factors that will be considered by the authorities when deciding whether to authorise such installations, and the method by which environmental impact notices may be served, and danger studies carried out.

The full list of classified installations can be found below.

Environmental policy

In force

All companies

This decree regulates the emission by corporate entities of gasses, fumes, vapours, liquid or solid particles, and the conditions under which they may be produced.

In addition, this decree provides a list atmospheric limits for certain particularly toxic/environmentally harmful gasses, which can be found below.

Environmental policy

In force

All companies

This order establishes a list of consumer products classified as particularly toxic or risky to the consumer. Inclusion in the list can mean a product must get authorisation from the Ministry of Commerce before being sold, or can even result in a prohibition from sale.

The list includes several products, the most important are: 

• Bleaching agents in liquid or powder form containing chlorine, excluding bleach;
• Cleaning and/or disinfecting products, including  for enamelled surfaces and floor cleaners;
• Cleaning solvents;
• Polishes, including white spirits and other related chemicals;
• Pesticides for domestic use including herbicides, insecticides and rodenticides; and
• Products containing methyl alcohol.

Environmental policy

In force

All companies

The purpose of this law is to regulate the management, control, and treatment of waste. This is based on the following key principles:

• The prevention and reduction of the generation of waste and its harmfulness at source;
• the organisation of the sorting of waste and its collection, transportation and treatment;
• the recovery of waste by reuse, recycling and any other action designed to obtain reusable materials or energy from the waste;
• the environmentally sound treatment of waste; and
• spreading information and awareness relating to waste and its impact on human health and the environment, as well as the prevention of, reduction of or compensation for, these risks.

Failure to comply with these provisions can result in criminal sanctions, including jail sentences of 2-8 years, as well as fines of between DZD 500 to DZD 5,000,000, depending on the offence.

Social policy

in force

All companies

This law defines Algeria’s child protection rules and the mechanisms of enforcement.

In addition, this law prohibits the economic exploitation of children, their employment or obligation to do work that prevents them from continuing their studies or is harmful to their health and physical and/or mental well-being.

Finally, this law sanctions anyone who economically exploits a child by  imposing a jail  sentence form one year to three years and a fine from DZD 50,000 to DZD 100,000.

Such sanctions are doubled when the offender is a parent/guardian  of the child or the person responsible for her/his custody.

Corporate governance policy 

In force

All companies

The purpose of this law is to prevent corruption, bribery, money laundering, and the financing of terrorism in Algeria. The Law n° 05-01 provides provisions relating to:

• The prevention of money laundering and terrorist financing;
• Rules and procedures related to detection of crimes and their communication to the security services; and
• International cooperation.

In addition, the law provides (i) sanctions against persons proceeding with payment of sums exceeding the maximum legal threshold  out of bank channels, and (ii) sanctions against banks and legal institutions breaching the law’s money-laundering provisions.

Pursuant to this law, the following operations  are considered as money laundering: 

• the conversion or transfer of funds which the perpetrator knows to be the direct or indirect proceeds of a crime;
• the conversion or transfer of funds which the perpetrator knows to be the direct or indirect product of an offence, with the aim of concealing or disguising the illicit origin of the said assets or of helping any person involved in the main offence, as a result of which the said assets are recovered, to evade the legal consequences of their actions;
• the concealment or disguising of the true nature, source, location, disposition, movement or ownership of the funds or disguise of the true nature, source, location, disposition, movement or ownership of funds or rights therein, knowing that they are the proceeds of crime;
• the acquisition, possession or use of property by a person who, at the time of receipt, knows that such property is the proceeds of crime;
• the acquisition, possession or use of property by a person who knows, at the time of receipt, that such property is the proceeds of an offence; and
• participation in any of the offences established in accordance with this law or in any other association, conspiracy, attempt or complicity in an offence.

Corporate governance policy

In force

All companies

The purpose of this law is: 

• To strengthen measures to prevent and fight against corruption;
• Promote integrity, accountability, and transparency in public and private sector management;
• Facilitate and support international cooperation and technical assistance for the prevention and fighting against corruption.

The law provides for:  

• Preventative measures in the public sector (including hiring of employees, mandatory declarations of patrimony, policies relating to officials’ behaviour, the implementation of public procurement , the management of public financing, transparency of communication and rules related to judges’ behaviour); and
• Measures related to the private sector. These include:
  • the strengthening of cooperation between law enforcement authorities and the relevant private entities;
  • the promotion of standards of integrity and codes of conduct within and by private entities, implemented to encourage good corporate governance, and prevent conflicts of interest and encourage good commercial practices in the entities’ interactions with the Algerian state;
  • the promotion of transparency in dealings between private entities; and
  • the requirement for private entities to conduct internal audits.

It also provides for sanctions related to:

• corruption of public officials;
• unjustified advantages in public procurement;
• corruption in public procurement;
• corruption of Foreign Public Officials and Officials of Public International Organizations;
• embezzlement or unlawful use of property by a public official;
• misappropriation of public funds for an official’s benefit;
• illegal exemptions and deductibles;
• bribery;
• abuse of office/function;
• conflict of interest;
• illegal taking of interest;
• default or false declaration of patrimony/assets;
• illicit enrichment;
• corruption via gifts;
• corruption in the private sector;
• embezzlement of property in the private sector;
• laundering of the proceeds of crime;
• concealment of the whole or part of the proceeds of crim;
• obstruction of proper functioning of justice;
• intimidation, threats, retaliation, and violence against witnesses and other protected person;
• abusive reporting; and
• failure to report offences.

Finally, in addition to the above, it should be noted that in Algeria, anticorruption, bribery and money laundering are governed by Ordinance n° 66-156 dated June 8, 1966 Related to the Penal Code.

Corporate governance policy

In force

The banks, financial institutions and financial services of Algeria

In accordance with this Regulation, banks and financial institutions must have a written program of prevention, detection and fight against money laundering and terrorist financing.

This program must include, in particular:

• Procedures and controls to prevent the above;
• A due diligence programme to ensure adequate understanding of the institution’s customers;
• Appropriate training for staff; and
• A system of relationships (correspondents and declarations of suspicion) with the processing unit of the financial intelligence organisation ( “CTRF”).