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2007 Assessment

Jordan: Integrity Indicators Scorecard

Jordan: Integrity Scorecard Report > Sub-Category: Privatization
Indicators   Score
50 Is the privatization process effective? 92
51 Can citizens access the terms and conditions of privatization bids? 100

Indicator and sub-Indicator Details

50 Is the privatization process effective?
 
  50a: In law, all businesses are eligible to compete for privatized state assets.
 
Score: YES  NO score
  Comments: The Board of Privatization has the sole authority to select such companies/business. Some observers commented that not all privatized companies have gone through a transperant process especially in the1990s.

References: Privatization Law No 25 of 2000.

Peer Review Comments: I'm not familiar with the Privatization Law. However, just because the Board of Privatization has the sole authority, does not necessarily mean that all companies are not eligible to compete for privatized state assets.

Peer Review Comments: The companies have to be specialized in the respective sectors.

Peer Review Comments: In order to compete, businesses have to be specialized in the area in which assets are privatized.

  50b: In law, there are regulations addressing conflicts of interest for government officials involved in privatization.
 
Score: YES  NO score
  Comments:

References: Privatization Law #25 of 2000 Article (17): It is prohibited for any member of the Council, or any person working at the Commission, or a consultant or a member of a committee of experts connected to a privatization transaction, to participate, directly or indirectly, in the said privatization transaction. This prohibition also applies to the spouses of the above described persons, descendants to the first degree, and to anyone who has a business, beneficial, or ownership relationship in any form with the persons named in this article. [ LINK ]

  50c: In practice, conflicts of interest regulations for government officials involved in privatization are enforced.
 
Score: 100  75  50  25  0  score
  Comments:

References: Interview with Dr. Ibrahim Aljazy, a professor of human rights at the University of Jordan, 12 September 2007

51 Can citizens access the terms and conditions of privatization bids?
 
  51a: In law, citizens can access privatization regulations.
 
Score: YES  NO score
  Comments:

References: Privatization Law No (25) of 2000 Article (5): In implementing privatization transactions, the following shall be observed: Compliance with the principles of transparency, openness, and fair competition Article (15): I. Before the commencement of any privatization transaction, the Commission shall publish in at least two daily newspapers and over two extended intervals the conditions of and requirements for any such privatization transaction at a date specified by the Council for this purpose. II. The Commission shall publish in the Official Gazette a detailed report on each privatization transaction upon its completion stating the following: 1. The name of the institution or entity which has been privatized, the method adopted and the procedures followed. 2. Names of the financial and legal advisers and the experts who were consulted in relation to the privatization transaction in question, in addition to the names of their local agents, if any. 3. The name and address of the entity(ies) with whom the privatization transaction has been closed or the beneficiary thereof and the said entity's local agents, if any. 4. Any other information the publication of which is deemed necessary by the Chairman of the Commission. [ LINK ]

  51b: In practice, privitizations are effectively advertised.
 
Score: 100  75  50  25  0  score
  Comments:

References: Dr. Omar Aljazy, managing partner at Aljazy law firm, 12 October, 2007

  51c: In law, the government is required to publicly announce the results of privatization decisions.
 
Score: YES  NO score
  Comments:

References: Privatization Law No (25) of 2000 Article (5): In implementing privatization transactions, the following shall be observed: Compliance with the principles of transparency, openness, and fair competition Article (15): I. Before the commencement of any privatization transaction, the Commission shall publish in at least two daily newspapers and over two extended intervals the conditions of and requirements for any such privatization transaction at a date specified by the Council for this purpose. II. The Commission shall publish in the Official Gazette a detailed report on each privatization transaction upon its completion stating the following: 1. The name of the institution or entity which has been privatized, the method adopted and the procedures followed. 2. Names of the financial and legal advisers and the experts who were consulted in relation to the privatization transaction in question, in addition to the names of their local agents, if any. 3. The name and address of the entity(ies) with whom the privatization transaction has been closed or the beneficiary thereof and the said entity's local agents, if any. 4. Any other information the publication of which is deemed necessary by the Chairman of the Commission. [ LINK ]

  51d: In practice, citizens can access privatization regulations within a reasonable time period.
 
Score: 100  75  50  25  0  score
  Comments:

References: Dr. Omar Aljazy, managing partner at Aljazy law firm, 12 October, 2007

  51e: In practice, citizens can access privatization regulations at a reasonable cost.
 
Score: 100  75  50  25  0  score
  Comments: Regulations are published in the official Gazette and Newspaper.

References: Dr. Omar Aljazy, managing partner at Aljazy law firm, 12 October, 2007

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