24 april 2020
Client Alert Algeria | COVID-19: Update as at 24 April 2020
The Algerian Government has extended the existing measures to fight COVID-19 and provided some guidance on their application. Several ministries and public authorities have also adopted new support measures to assist companies.
1. EXTENSION OF MEASURES TO FIGHT COVID-19
1.1. Decree No. 20-100 of 19 April 2020
- Decree No.20-100 of 19 April 2020 extends until 29 April 2020 the current preventive and social distancing measures provided for in previous executive decrees.
- Please refer to our Client Alert dated 13 April 2020 for a complete overview of the extended measures [1]
1.2. Activities of the Courts
- Hearings: Extension until 29 April 2020 of the suspension of hearings in criminal and correctional courts of first instance and appeal, but continuation of hearings in summary proceedings and administrative courts in the exclusive presence of lawyers and in the absence of the parties.
- Time limit for appeals: Application of Article 322 of the Code of Civil and Administrative Procedure whereby in the event of force majeure or events likely to disrupt the normal functioning of the public service, it is possible to apply for an extension of the time limits for appeals in front of the President of the court.
1.3. Education
- Extension of the closure of all educational institutions until 29 April 2020.
2 . PRIME MINISTER’S INSTRUCTIONS
2.1. The lockdown is relaxed
On 23 April 2020, the Prime Minister announced the lifting of the total lockdown of Blida and its relief in 9 other wilayas, effective from today, the 1st day of Ramadan:
- The wilaya of Blida is now subject to a partial lockdown from 2 p.m. to 7 a.m the next day.
- For the 9 other wilayas (Algiers, Bejaïa, Tlemcen, Tizi Ouzou, Sétif, Médéa, Oran, Tipaza and Aïn Defla), the partial lockdown will run from 5 p.m. to 7 a.m. the next day (instead of 3 p.m.-7 a.m. previously).
2.2. Business continuity imperative
The Instruction issued by the Prime Minister on 17 April 2020 aims to ensure the “continuity of business” by specifying the current regulatory framework.
In particular, the Prime Minister has instructed the members of his Government to ensure that economic activity is maintained.
The Prime Minister stated the following:
- The exceptional paid leave of 50% of employees in the public and private sectors, with the exception of essential employees, was not aimed at the closure of the company’s activities, but essentially aimed at preserving the health of employees, who must observe the necessary rules of social distancing.
- Continuity of activity at seaports and dry ports during normal working hours must be ensured.
- Agricultural activity must be maintained and encouraged, and the entire related economic chain must be kept in operation.
- For economic and service activities requiring to travel outside the wilaya, the walis are invited to issue inter-wilaya travel permits, specifying the itinerary.
- Where a retail business is allowed, it is understood that the entire wholesale supply chain linked to it is also allowed to operate.
3. ADDITIONAL SUPPORT MEASURES
3.1. Suspension of contractual deadlines and waiver of late payment penalties
On 15 April 2020, the Prime Minister adopted an Instruction aimed at allowing the suspension of contractual deadlines and the non-application of financial penalties for delays in the context of public procurements:
- The Prime Minister announced the implementation, as of 21 March 2020, of Article 147 of the Public Procurement Code, which allows for the suspension of contractual deadlines in case of force majeure as well as an exemption from late payment penalties.
- Article 147 of the Public Procurement Code is triggered by the project owners at the request of the contracting company.
- The Minister of Finance is responsible for releasing, as a matter of urgency, the funds necessary for the payment of receivables (possibly reassessed) held by project owners under public procurement contracts.
3.2. Extension of the deadline for filing the annual accounts
- Exceptional extension of the deadline for the filing of the company’s 2019 annual accounts, with the National Center of Trade Register, until 30 September 2020 (instead of 31 July 2020).
3.3. Parafiscal measures
The Minister of Labour, Employment and Social Security issued a statement on exceptional measures in favour of employers of public and private companies:
- Extension until 30 May 2020 of the deadline for payment of contributions for April to the National Social Insurance Fund for Salaried Employees (CNAS).
- Extension until 30 September 2020 of the deadline for payment of contributions to the National Social Security Fund for Self-Employed Workers (CASNOS).
- Suspension for a period of six months of penalties and increases for late payment, with effect from April 2020, for the CNAS/CASNOS schemes;
- Concerning the workers in the building, public works and hydraulic sector currently on sick leave as part of the preventive measures taken against the spread of Covid-19, the Minister stated that the National Fund for Paid Holidays and Bad Weather Unemployment in the Building, Public Works and Hydraulic Sector (CACOBATPH) “will exceptionally take in charge the early payment of annual leave for these workers according to the months contributed between July 2019 and February 2020“, calling on those concerned to contact CACOBATPH to benefit from this measure.
1 https://www.lpalaw.com/en/smart-alert-covid-19-algeria-extension-of-control-measures-and-introduction-of-support-measures/