NCEffective Insolvency and Creditor Rights Systems
The IMF and the World Bank in their 2004 FSSA concluded that the legislative framework for insolvency in Algeria is in need of modernization. Bankruptcy legislation, procedures, and enforcement were found to be deficient, and Algeria's failure to promulgate a modern legal framework surrounding its bankruptcy regime was identified as the most significant shortcoming. A 2004 World Bank report, based on the findings of the joint assessment, asserted the laws and regulations are not in line with the international standards. The IMF and the World Bank also note that, although Algeria has been active in legal reforms since the late 1980s, these reforms have not included the modernization of its bankruptcy regime. The lack of a modern bankruptcy framework is combined with a court system in which proceedings tend to be long, and enforcement is problematic, due to high costs. The IMF further found that in terms of Algeria’s adherence to the rule of law, the quality of its regulatory practice, and its control of corruption, the country ranked among the bottom 40% of all countries included.
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NCInternational Financial Reporting Standards
According to the 2004 FSSA conducted by the IMF, Algerian accounting principles were found to be “overly vague” and financial statements deemed unreliable for information on company performance. Furthermore, companies were not required to prepare consolidated financial statements, and accounting guidelines for the treatment of a number of important transactions did not exist. As noted on the Deloitte IAS Plus website, Algerian accounting standards, the Plan Comptable National or PCN, are established by the Conseil National de la Comptabilite within the Ministry of Finance (MoF). All Algerian business enterprises, except for small entities which have simplified reporting requirements, must prepare financial statements in line with the PCN requirements. However, according to a 2009 KPMG Investment in Algeria Guide, in 2006, the MoF embarked upon a program to revise the PCN and align the local standards with International Financial Reporting Standards (IFRSs) effective January 1, 2010. The KPMG Guide notes that the new accounting system is based on IFRSs and was adopted by legislation on November 25, 2007. However, although the new guidelines will be very similar to IFRSs, certain differences still exist. For instance, unlike IFRS, the new accounting system does not stipulate guidance in cases where reliable estimates are not possible.
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IIPrinciples of Corporate Governance
In 2003, the World Bank launched a Country Assistance Strategy in Algeria for Fiscal Years 2004 -2006 aimed at increasing the state's capacity to regulate the market and encourage the private sector to adopt good corporate governance practices through technical assistance. In a subsequent 2004 Financial Sector Assessment (FSA), the World Bank noted that, since the end of the 1980s, Algerian authorities have embarked upon a wide-ranging and credible modernization of laws and regulations governing financial intermediation. Significant deficiencies remain, however, with regards to laws and regulations, and Algeria lacks a modern corporate governance framework. Furthermore, although shareholders' rights seem to be well-protected, the absence of regulation on corporate governance weakens the protection of minority shareholders. A 2007 African Peer Review Mechanism report under the New Partnership for Africa’s Development initiative recommends that transparency and shareholder rights be improved in Algeria, management instruments be streamlined, private enterprises be encouraged to become joint stock companies and list on the stock exchange, a code of ethics be developed for companies at all levels, and corruption be curbed. The Algerian Stock Exchange, which became operational in 1999, remains nascent after ten years of operation, with only three listed companies as of 2009. Initiated by the business community and supported by several government authorities, the Algerian Code of Corporate Governance was launched in March 2009. Despite the information provided above, there is insufficient publicly available information regarding Algeria's compliance with the Principles on Corporate Governance developed by the Organization for Economic Co-operation and Development.
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NCInternational Standards on Auditing
In the FSSA conducted by the IMF in 2004, the IMF observed that, in general, auditing practices in Algeria are not at par with the international standards, and the local standards are not enforced effectively. The IMF pointed out that audit partnerships are "highly fragmented" and training is limited. As mentioned in a 2005 World Bank report, in the spring of 2003 the Bank completed a Report on the Observance of Standards and Codes on accounting and auditing in Algeria, using the International Financial Reporting Standards and International Standards on Auditing (ISAs) as the benchmarks for assessing national standards. However, this report has not yet been made publicly available. A 2007 New Partnership for Africa’s Development African Peer Review report recommended that Algeria adopt ISAs and the Code of Ethics issued by the International Federation of Accountants.
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IDAnti-Money Laundering/Combating Terrorist Financing Standard
Algeria is a founding member of the Middle East and North Africa Financial Action Task Force (MENAFATF) which is an associate member of the Financial Action Task Force (FATF). Members of the MENAFATF signed a Memorandum of Understanding (MoU) in 2004 whereby they pledged to adopt and implement the FATF's recommendations on Anti-Money Laundering (AML) and Combating the Financing of Terrorism (CFT). The FATF's 2008-2009 Annual Report names Algeria as one of the jurisdictions that has undertaken to implement the FATF's 40 plus 9 recommendations. In its 2009 International Narcotics Control Strategy Report, the U.S. Department of State (DoS) acknowledges that the government of Algeria has taken significant steps to improve its statutory regime against AML/CFT. For instance, in 2005, Algeria enacted a new Law on the Prevention and Fight against Money Laundering and Financing of Terrorism, replacing the 1994 Ordinance No. 95/11, to bring Algerian law into conformity with international standards and conventions. Also, an independent Financial Intelligence Unit - the Cellule du Traitement du Renseignement Financier (CTRF) - was established in April 2002. Overall, the U.S. DoS report notes that Algeria must strengthen implementation of these laws.
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IDCore Principles for Systemically Important Payment Systems
The Financial System Infrastructure Modernization Project, per the 2007 World Bank report, focused on improving the financial system infrastructure, with a particular emphasis on modernizing the country's payments system. The Project aimed to establish a well-functioning real time gross settlement (RTGS) system along with regulations and guidelines governing future low-value payment systems, and effective and well functioning telecommunications links connecting the country's payments systems. The Project was completed in June 2006 and a new, automated, RTGS system became operational in February 2006. The 2007 World Bank report noted that the RTGS system was implemented according to international standards. However, there is no recent assessment of the RTGS system's compliance with the Committee on Payment and Settlement Systems' (CPSS) Core Principles for Systemically Important Payment Systems (CPSIPS) and there is no report clearly identifying all the systemically important systems in the country. The Bank of Algeria is in charge of the new systems' oversight and supervision, and has installed and tested all back-ups and security for its smooth and efficient functioning. The system was due to be evaluated by a joint World Bank/International Monetary Fund Financial Sector Assessment Program mission to Algeria during the first semester of 2007. Based on the results of a 2008 World Bank Global Payment Systems Survey, Cirasino and Garcia’s 2008 report evaluates a country's compliance with four distinct sub components which are broadly based on the CPSS' CPSIPS. Algeria achieves a “high level of development” for the component, "large value payment systems," and “medium-high levels of development” for both “legal and regulatory framework” and “payment system oversight” components.
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