APIX, a State in the State (By Cheikh Yérim Seck)

APIX, a State in the State (By Cheikh Yérim Seck)
DAKARACTU.COM-  An imagenery  monster created  by ceaseless laws and modifications of laws draws up itself today whereas we don’t  know where  it comes from, what it does and where it goes.The Agency of promotion of the investments and  heavy works ( APIX), because it is the main concern, is the biggest senegalese economic curiosity. Removed from the general administration and destined, as its name indicates , to attract the investments and  promote the heavy works, this agency created in July, 2000 widens today its tentacles to all the strategic sectors of the national economy.Recently appointed as " the vehicle of the investments of the Takkal plan ", it is going to brew as such, only for the exercise 2011, not less than 365 billion francs cfa intended for diverse operations such as : rent of barges, acquisition  of equipment and modernization of power plants, payment of  functioning loads …

Over the four years of Takkal duration, Apix is going to be " the vehicle of investments " of a global amount of  650 billion franc cfa. Plainly, it will raise funds stemming from foreign partners, will receive additional levies taken from Sonatel, oil productions and the Senegalese  Council  chargers, and also will receive the financing part supported by the government Budget. It will do everything alone, at the place of  the organisations normally authorized (the administration of the ministry of Energy and Senelec).
 It is not the only domain in which Apix enjoys attributions normally devolved to a State. Appointed " High authority " by " the law carrying creation and fixing the rules of organization and the special economic integrated Zone functioning ", it benefits  from high privileges within the framework of the management of the forementioned Zone. At the end of the article 11 of the law, which quotes its powers, Apix is authorized " to exercise all the powers conferred to the prefects of the urban districts to regulate and control any development, development plan, and the other urban materials within the Zone ", " to assign and have freely by lease of the grounds of the Zone by every possible means which it considers necessary to reach the objectives of the present law ". It also has the powers " to prohibit, through Application regulations, activities in the Zone, for reasons of public morality, law and order, security, hygiene and public health ", but also to exercise " the responsibility and the control of national administration employees in the Zone. " Globally, Apix arranges, within the framework of the management of the integrated special economic Zone, the powers devolved to the prefects in urbanistic arrangement, in land powers, in privileges of law protection and order and of hierarchical authority on the state employees. What attributions others than those has the State? Any. These exaggerated powers are granted to a structure transformed into an anonymous company since 2007.The law Number 2007 - 13 of February 19th, 2007, which operated this transformation, underwent a modification which grants a special regime to Apix and subtracts it from the respect of rules governing procurement contracts: " the   measures of the decree N 2007 - 545 of April 25th, 2007 carrying Public works contract regulations do not apply to markets concluded by the  [Apix] company within the framework of its mission of determination and realization of the programs and the necessary actions for the development of the private investment, in particular the marketing and communication shares and services to the investors ". Better say that the quasi-totality of the markets of Apix can be passed  by mutual agreement, since the main part of the activity of promotion of the investment bases on the shares of marketing, communication and services to the investors.

 It is not the only domain in which Apix can pass mutual agreements amounting to billions or even tens of billions franc cfa. The law 2004
 - 13 of March 1st, 2004, relative to the contracts of construction - exploitation-  infrastructures transfer (CET), was modified to allow Apix to pass by direct agreement any complementary contract concerning the extension in the course of execution of an infrastructure, whatever big the amounts are and the cost of the extension. Truely Apix has the possibility today, within the framework of the management of the project of construction of the toll highway connecting Dakar to Diamniadio, conceived in CET (build operate tranfer), to conclude contracts at the level of hundreds of billion by mutual agreement to operate modifications or extensions which never lack in this type of project.
In view of all which precedes, a question burns lips: why to grant so many liberties with the laws to a company occurring in  heavy works, which put at stake astronomical amounts of money? The answer is contained in the question: one would not take itself there if one decided to cover an opaque management and the payment of colossal comissions. The public opinion and the bodies of the civil society worried about transparency should be interested more in this agency which gets most financial means in the country and which is managed by Aminata Niane, who accumulates this function with that of Minister-adviser of the president of the Republic.

 Apix has become an anonymous company, with at least70 % parts held by the State and the local authorities. " The rest of the capital is detained by one or several moral persons of public law and any other companies of the semi-public sector interested in the promotion of the investments or in the realization of infrastructures. " In view of the amounts  used in these two aimed domains (investments and infrastructures), dakaractu.com worries to know the companies which bought  the shares of Apix, the interests they represent, the identity of the carriers but also the real beneficiaries of the parts.
Mercredi 6 Juillet 2011

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