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Haiti – FLASH : A presidential decree removes the power of the CSC/CA to oppose the signing of a contract

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Haiti – FLASH : A presidential decree removes the power of the CSC/CA to oppose the signing of a contract

08/11/2020 08:30:51

Published in the official journal “Le Moniteur” special issue #35 dated Friday November 6, 2020, a presidential decree co-signed by the Prime Minister and 5 other Ministers (Planning, Foreign Affairs, Defense, Economy and Agriculture) removes power of the Superior Court of Accounts and Administrative Litigation (CSC/CA) which allowed him to oppose the signing of a contract when he had issued an unfavorable opinion.

Thus in its Article 1 paragraph 2 the new decree states “In all matters, the opinion of the Superior Court of Accounts and Administrative Litigation is advisory : if it is obligatorily required, it does not bind the National Public Procurement Commission, the authorities of the Executive Power, or the authorizing officers, and may not paralyze or prevent the conclusion of contracts, agreements and conventions […] “

And in paragraph 6 it is specified “For all public contracts, the opinion issued by the Superior Court of Accounts and Administrative Litigation is sent to the National Commission for Public Procurement for assessment but cannot question the approval of the latter previously given on a contract.”

While Article 4 confirms “[…] In any case, the execution of a contract approved by the National Commission for Public Procurement cannot be blocked by an opinion of the Superior Court of Accounts and of Administrative Litigation

Download the full Decree (PDF) : https://www.haitilibre.com/docs/decret-cscca-06-11-2020.pdf

HL/ HaitiLibre