Draft executive decree establishing a list of activities of a strategic nature

The Algerian government has examined, last Wednesday 24th march, during its meeting, chaired by the Prime Minister Abdelaziz Djerad, a draft executive decree establishing a list of activities of a strategic nature and which, therefore, remain subject to the participation of national resident shareholding up to 51%, in accordance with the provisions of Article 50 of the Supplementary Finance Law for 2020.
 
This draft decree intends to remove the practical difficulties relating to the identification of certain activities of a strategic nature but seems to stance others difficulties a priori insofar as by providing for the possibility of updating the list of said activities by interministerial decree of the trade Minister and the  concerned minister , the draft decree opens up some areas of uncertainties that could thwart the necessary clarity initiative pursued by the executive.
 
Indeed, article 1 of the draft decree provides that: “in accordance with the provisions of article 50 as amended by law No. 20-07 of June 4^th, 2020, referred to above, the purpose of this decree is to set out the list of activities of a strategic nature relating to the energy and mining sectors, the pharmaceutical industry, and the transport sector which are subject to the 51-49% national resident shareholding rule.”
 
Thus, it appears that some activities related (i) to the sector of the exploitation of the national mining domain, as well as any underground or surface resource relating to an extractive activity on the surface or underground, excluding quarries and sand pits and (ii) the sector of industries initiated or related to military industries under the responsibility of the National Defense Ministry seem to be excluded from this draft decree, even though they are also qualified as strategic.
 
It should be noted that this draft decree defines the activities falling within the above-mentioned strategic sectors, based on the nomenclature of economic activities subject to registration in the trade register.
 
Thus, according to this draft decree, the following activities should be considered as strategic:
 
List of activities related to the pharmaceutical industry sector:
 

 
List of activities related to the energy and mining sector:
 

 
List of activities related to the transport sector: