Annexes

25

Annex 1 – List of Documents Consulted

Ministerial decrees for establishing GMUs in participating ministries

Minutes of GRU meetings with GMUs

Minutes of GRU meetings with Political Directors

Minutes of internal GRU meetings

Mission Report prepared by Renata Šeperić Petak on her visit to Egypt during the period 28 May to 10 June 2008

26

Annex 2 – List of Interviewees

GRU:

• Mr. Ahmed Hassan, Software Engineer, Mr. Mohamed Fikry, IT System Administrator, 30/12/2008

• Ms. Ghena Abou Taleb and Mr. Abdel Shakur Zahran, Sector Managers, 11/1/2009

• Mr. Sherif Fawzi, Operations Manager, 24/1/2009

GMU Managers:1

• Mr. Samir Gharib, Local Development, 8/1/2009

• Cons. Alaa Kotb, Administrative Development, 12/1/2009

• Mr. Attia Soliman, Industry, 14/1/2009

• Dr. Raouf Abdeen, Petroleum, 19/1/2009

• Mr. Mohamed Eissa, Housing, 21/1/2009

• Dr. Hoda Bayoumy, Agriculture, 21/1/2009

• Cons. Ahmed Moussa, Health, 21/1/2009

• Eng. Sherif Fouad, Transport, 22/1/2009

• Dr. Dahlia El-Hawary, Investment, 29/1/2009

GMU members:

• Mr. Mohamed Fouad, Heba Samy, Trade, 20/1/2009

• Mr. Omar Tork, Mr. Fahmy Abd El-Rahman, Ms. Yasmine Youssef, Finance, 8/2/2009

DAI:

• Denis Gallagher, International Advisor, 5/1/2009

1 It was not possible to arrange a meeting with Tourism GMU.

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Annex 3 – List of Equipment Supplied to Each GMU

Item Qty

Desktop Computer 4

LCD Monitor 4

UPS 4

Network Printer 1

Copying Machine 1

Wireless Router 1

Scanner 2

Scanner Document Server 1

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Annex 4 – GMU Staff

GMU Name of Staff Position Qualification Administrative Development Cons. Alaa Kotb GMU Manager MA Law

Amal Adel Legal Expert

Noha Farouk Legal Expert

Agriculture Hoda Bayoumy GMU Manager & IT Expert

MA Information Systems

Aliia El-Bawab Economist BA Agriculture

Dr. Wadie Habashy Economist PhD Agro

Economics

Sawsan Mohamed Data Entry BSc Agriculture

Shady Abd El-Gawad Data Entry Naval Institute

Amira Ibrahim Data Entry BA Business Administration

Finance Dr. Dalia Fouad GMU Manager PhD Law

Omar Ghozi Economist

Omar Tork Legal Expert BA Law

Fahmy Abd El-Rahman Legal Expert

Nourane Hamed Legal Expert

Yasmine Youssef Economist

Health Cons. Ahmed Moussa

GMU Manager & Legal Expert BA Law

Cons. Tarek Menisy Legal Expert BA Law

Tamer El-Said Data Entry

Doaa Ahmed Data Entry BA Commerce

Ashraf Mohamed Data Entry

Housing Mohamed Eissa GMU Manager MBA

Marwa Geneidy Economist MBA

Hassan Hassan Technical BSc Engineering

Mohamed Abd El-Ghany IT Expert BSc

Engineering

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GMU Name of Staff Position Qualification

Industry Attia Soliman GMU Manager BA Law

Riham Mahmoud Legal Expert MA Law

Mohamed Adel IT Expert BA Education Technology

Ahmed Mahmoud Data Entry BA Business Administration

Mahmoud Suwailem Data Entry BA Law

Karim Abd El-Hamid Data Entry Technical

Institute Wael Salah Data Entry BA Law

Investment Dr. Dahlia El-Hawary GMU Manager PhD

Ibrahim Mostafa Economist BA Economics & Political Science

Fatma Safwat Economist BA Economics & Political Science

Israa Ahmed Economist BA Economics & Political Science

Local Development Samir Gharib GMU Manager

BA Economics & Political Science

Mohamed Negm Legal Expert MA Law

Hesham Aly IT Expert BA Computer Science

Mohamed El-Sayed Data Entry

Petroleum Hanaa El-Adawy* Legal Expert BA Law

Emad El-Deeb* IT Expert

Tourism Cons. Sherif Ismail GMU Manager BA Law

Cons. Yasser Nabil Legal Expert BA Law

Cons. Mohamed Badr Legal Expert BA Law

Cons. Hisham Hassan Legal Expert BA Law

Cons. Ibrahim Legal Expert BA Law

Trade Amr Hussein GMU Manager MA Law

Mohamed Fouad Economist BA Law

Mohamed Zaki Economist

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GMU Name of Staff Position Qualification

Trade Heba Samy Legal Expert MA Law

Wael Essa* Data Entry

Hassan Mohamed* Data Entry

Transport Sherif Fouad GMU Manager BSc Engineering

Adel Abdullah Economist

Ahmed Samir IT Expert

* Staff appointed by the ministry who work part time on the Initiative.

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Annex 5 – Quick Guide for Inventory

Quick Guide for Inventory Draft for discussion – 28 September 2008

1. Inventory Final Date

Each participating ministry should complete the inventory, by 15 August 2008.

2. SCOPE OF THE INVENTORY

2.1 What the Inventory Includes

The inventory should include all valid laws and amendments, regulations and their amendments, decrees, directives, and circulars. “Legal instruments” cover all of the following: (Attachment 1) The list of regulations will be finalized before the inventory process begins. § Treaty or Agreement § Law and executive regulation. § Presidential Decree § Prime Minister’s Decree § Cabinet of Ministers Decree § Council of Governors Decree § Ministerial Decree § Administrative Decree with a regulatory nature § Other instrument of a legal or binding nature

Important tip If the Ministry is responsible for implementing a part of a law, such as an article, the Inventory should include that law and the specific article.

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2.2 What the Inventory Does NOT Include (Also recorded in the inventory register – Attachment 4)

§ Legal instruments that apply only to internal management decisions of the

public administration (such as instruments relating to hiring decisions or holiday periods).

§ Legal instruments that apply only to individual or ad hoc cases (such as an instruments relating to a specific license or application unique to an individual business or citizen).

§ Regulations that are invalid – canceled – pulled. § Legal instruments that are advisory and not of a regulatory nature.

All laws and decrees affecting: Included in Inventory

Internal management of the government No

Specific cases No

Decrees regulating commercial activities for individuals, businesses or activities directly relatedto business

Yes

Decrees regulating activities not directly related to businesses Yes

Citizens in non-commercial activities (general regulatory effect) Yes

3. Identifying the first batch of regulations to be reviewed first – business regulations governing commercial activities for individuals, companies and activities directly related to business. Criteria for considering regulations to be directly related to business (Attachment 2)*

1. Allocation of land 2. Starting, running and ending a business for profit 3. Getting licenses and public utilities 4. Hiring personnel 5. Registering ownership 6. Access to credit 7. Investor protection 8. Paying taxes, insurance and fees

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9. Internal and external trade and transport 10. Enforcing contracts and settling disputes 11. Protecting competition and preventing monopoly

If a regulation fulfills any of the abovementioned criteria, the GMU will consider it directly related to business.

4. Inventory Process

First Phase – Preparing for the Inventory

Ø Each ministry shall issue a ministerial decree establishing the GMU, naming its director and members as well as outlining its terms of reference and objectives. The decree shall empower the GMU to carry out the inventory of legal instruments across the whole ministry and its affiliated authorities and departments. The GMU Manager shall be responsible for signing off the inventory list from the legal office leader in each of the affiliated authorities and departments of the ministry at an agreed deadline specified in the ministerial decree.

Ø The minister of each participating minister shall issue a decree organizing

work and specifying the functions of the GMU. One approach is for the GMU to liaise with the legal offices in each affiliated authority of the ministry to take charge of compiling the initial list of legal instruments enforced by the ministry.

Ø As for the ministries that no longer exist or its subordinate authorities merged

under other ministries, those regulations are considered an inheritance for the participating ministries; therefore they are obliged to compile their regulations.

Ø It is important for each GMU Director to present a general overview on the

ministry and its regulations, terms of reference and subordinates to the GMU staff.

Second Stage – Search Phase

Ø Internal search:

a. Central archive at the ministry b. Subordinate authorities' archives (including electronic and printed

archive)

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c. Previous projects implemented in the ministry d. Ministry Library

Ø External search :

a. Related ministries and subordinates b. The national governmental press agency (National Gazette) c. Information Decision Support Center at the Cabinet d. Legislation and Development Information Systems (LADIS) e. Public and private libraries f. Set of laws published by some libraries g. Related electronic sites

Ø Having a contact person at each subordinate is optional according to the

conditions of each ministry.

Ø Each ministry could optionally issue an official letter to its subordinate authorities or external agencies attached with a data entry form to be filled by the subordinate authority or department that provides the regulations.

Ø The data entry template should list all that was delivered to the GMU, while keeping a backup copy of these regulations.

Ø It was agreed that GMUs will use any means they see fit in contacting the external authorities (which are not part of the Initiative) to obtain the required legal instruments. They can also seek the help of the Technical Secretariat of the Legal Task Force in contacting external authorities to ensure a response.

Third stage - Verification

Ø The subordinate authorities (internal or external) should sign off the list of

regulations.

Ø Verifying the thoroughness of the legal instruments listed in the inventory through external databases.

Ø Consultation with representatives from business community is optional, but might be useful in ensuring that the Inventory is complete.

Ø Status of Publication: the regulation is not considered published if there is just an authorization for its publication. It is only considered published when it is confirmed to be published by the National Gazette.

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Fourth stage – Data Entry Stage

Ø Scan all regulations and their amendments using a scanner. Ø Prepare a template for data entry on the software for all the regulations

(Attachment 3). Ø Identify regulations directly related to business according to the

abovementioned criteria (Attachment 2). Ø The importance of having a register at each unit for all the regulations that

are entered or excluded from the software with their numbers and dates. (Regulations Register – Attachment 4)

Ø It was agreed to add a field to the electronic database for the source of regulation as well as a field for rulings of Supreme Constitutional Court if found.

Ø Each unit will have to comment on a specific law affecting its ministry and the business environment, while related to another ministry, which is not part of the Initiative.

Ø The abolished regulations are not entered on the database at all. Ø The original decree and its amendments are entered, i.e. keeping the

original and amended text of a ministerial decree. Ø As for laws, they should be entered in their final form. Ø It was agreed not to enter any legal instrument as "attach other files" as

this would not allow separate search on attached regulations. Ø In case of absence of the regulation's number or sufficient data (such as

brochures and circulars), they are entered through "attach other files" as an attachment to a related regulation. If it is not possible to attach it to another regulation, it shall be attached to the decree establishing the issuing authority.

Electronic linking: Ø Electronic vertical linking of regulations (i.e. linking the law with its

executive regulation in addition to presidential, prime ministerial, and cabinet's decrees to the related ministerial decrees) was approved by the community.

Ø Linking shall be according to the regulations mentioned in the preamble. In case there are abolished regulations in the preamble, the abolished regulation will only be mentioned in the inventory remarks section and will not be entered as a separate file.

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Fifth Stage – Delivering the Inventory to the GRU

The data entry form, the request and fees lists should be delivered to the GRU by the GMU Director, after certifying the inventory list at the ministry.

Summary of Inventory Phase 1. Identify whether an instrument should be included in the Inventory. 2. Recording the entered data of each instrument – as well as the excluded –

in the regulations register. 3. Collect the full text of each regulation and its amendments, any application

forms and fee schedule charts unless clearly stated in the regulations. 4. Scan all regulations and amendments using the scanner. 5. Keep a central ministerial register including all regulations and 2 copies of

fee schedules (hard copy print & scanned). 6. Identify regulations directly related to business. 7. Prepare a data entry template for each regulation on the electronic

database. 8. Enter the data of each regulation on ERRADA database.

Important check by GMU staff:

1. Is the hard copy of the regulation complete (any missing pages)?

2. Was the regulation amended? Were all amendments included?

3. Was the regulation and its amendments scanned?

4. Are there any request forms attached to the regulation? Were they scanned?

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Attachment 1

A list of the regulations included in the Inventory

1. Treaty or Agreement 2. Law and executive regulation 3. Presidential Decree 4. Prime Minister’s Decree 5. Cabinet of Ministers Decree 6. Council of Governors Decree 7. Governor’s Decree 8. Ministerial Decree 9. Administrative Decree with a regulatory nature 10. Other instrument of a legal or binding nature

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Attachment 2

Criteria for business related regulations

Business related regulations are categorized as follows (if a criterion is answered as yes then it is business related). Question: Does the regulation deal with any of the following issues: 1. Allocation of land

¨ yes ¨ no

2. Starting, running and ending a business for profit ¨ yes ¨ no

3. Getting licenses and public services ¨ yes ¨ no

4. Hiring personnel ¨ yes ¨ no

5. Registering ownership ¨ yes ¨ no

6. Access to credit ¨ yes ¨ no

7. Investor protection ¨ yes ¨ no

8. Paying taxes, insurance and fees ¨ yes ¨ no

9. Internal and external trade and transport ¨ yes ¨ no

10. Enforcing contracts and settling disputes ¨ yes ¨ no

11. Protecting competition and preventing monopolies ¨ yes ¨ no

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Attachment 3

Data Entry Template

40

Attachment 4

Regulation Register

Number Publishe

d Date Address Source Included

in the Inventory

Comments Participating Ministries

44 13/1/2007 Change of an Official Holiday

Ministry Archive

x

568 14/3/2007 Formation of a ministerial committee

Ministry Archive

√

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Attachment (5)

Date: 17/8/2008 Version 1.2

Data Entry Guidelines

• Begin data entry by Logging into: https://163.121.144.20/

• If you get a security alert message, do not worry about this just click on “continue to this website”

• Always login using your issued username and password

• Enter your username and password

• Switch the keyboard language to Arabic language

• Begin creating and or updating dossiers

• Please be aware of the date format “DD/MM/YYYY”

• You can use the “Tab” button on the keyboard to navigate easier between fields inside the insertion/editing form.

• In Regulation type you can quickly find the Regulation type you are looking for by typing the first character of your regulation name

• Please limit the size of scanned documents to 2 megabytes for uploading, unless otherwise discussed with GRU IT staff.

• Please try to scan documents using the predefined settings (200 DPI, Black & White and PDF format)

• Do not install any third party software on GMU computers

• Do not use GMU computers for downloading music, video or pirated software.

• After your first login you must change your password by accessing your profile from the top menu bar.

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For more information, please contact:

Technical Assistance

Dr. Dalia Fouad dfouad@mof.gov.eg 012-1607715

Cons. Hossam El-Dakrory

hdakrory@hotmail.com 012-9999099

Sherif Fawzi sheriff.fawzi@tapr2.org 012-2106490

Ismail Zidan ismail.zidan@tapr2.com 012-7805115 Mohamed Fikry m_fikry2000@hotmail.com 011-3202003 Ahmed Hassan ahmed.hassan@tapr2.org 010-0054992

GRU: 106 Gamet Al Dowal Street – Mohandesseen – Fifth Floor

Website: www.errada.gov.eg

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Annex 6 – Participating Ministries' Year of Establishment

Ministry Year2

Administrative Development 1974

Agriculture 1875

Finance 1856

Health 1936

Housing Late 1940s

Industry 1921

Investment 2004

Local Development 1960

Petroleum 1973

Tourism --

Trade 1935

Transport 1831

2 The cited year is the time the ministry emerged even if under a different name or as an authority.

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Annex 7 – Participating Ministries' Organization Charts

Ministry of State for Administrative Development

45

Ministry of Agriculture

46

Agricultural Research Center3

3 The Agricultural Research Center is the largest subordinate authority affiliated with the Ministry of Agriculture and its structure reflects its complexity and the effort undertaken to compile its regulations.

47

Ministry of Finance

48

Ministry of Health

49

Ministry of Housing

50

Ministry of Industry

51

Ministry of Investment

وزارة االستثمـار

برنامج إدارة

مملوكة ال األصول للدولة

الهيئة العامة لالستثمار

والمناطق الحرة

الهيئة العامة لسوق المال

البورصة المصرية

الهيئة العامة للمنطقة االقتصاديةخليج شمال غرب السويس

الهيئة المصرية للرقابة على

التأمين

الوحدة الوزارية التابعة لسيد الوزيرلمكتب ا

الهيئة العامة لشئون التمويل

العقاري

52

Ministry of State for Local Development

وزير الدولة

للتنمية المحلية

جهاز الصناعات

الحرفية

جهاز بناء

لقرية وتنمية ا

الديوان العام

األمانة العامة

لإلدارة المحلية

53

Ministry of Petroleum

54

Ministry of Trade

55

Ministry of Transport

56

Annex 8 – Ministerial Decrees of the GMUs

Ministry of State for Administrative Development

57

58

Ministry of Agriculture

59

Ministry of Finance

60

61

Ministry of Housing

62

63

Ministry of Investment

64

65

66

Ministry of State for Local Development

67

68

Ministry of Petroleum

69

70

Ministry of Tourism

71

72

Ministry of Trade and Industry

73

74

Ministry of Transport

75

Annex 9 – Statistics from ERRADA Database 8/2/2009

Tuesday, Feb 10, 2009 10:30 AM Number of participating ministries in entering data: 12 Ministry of Transport: 4,863 dossiers

Ministry of Finance: 3,649 dossiers

Ministry of Trade: 3,195 dossiers

Ministry of Local Development: 3,044 dossiers

Ministry of Agriculture: 3,180 dossiers

Ministry of Housing: 2,451 dossiers

Ministry of Industry: 2,094 dossiers

Ministry of Investment: 797 dossiers

Ministry of Health: 801 dossiers

Ministry of Admin Development: 407 dossiers

Ministry of Petroleum: 123 dossiers

Ministry of Tourism 421 dossiers

--------------------------------------------------------------------------------------- Total of Inserted Dossiers: 25,025 dossiers

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Direct Impact 86%

Indirect Impact 12%

Non commercial

Activities 2%

Impact on Business

Of f icial Newspaper

17%

Waqai' Masriyah

56%

Not published

27%

Publishing

77

National Gazette

24%

Ministry Archeive

45%

LADIS 31%

Source of Regulations

Abolished 1%

Amended and Valid

10%

Valid 89%

Regulation Status

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Annex 10 – GMU Progress in Inventory Report 28/1/2009

GMU

No. of regulations entered on ERRADA

database – 28/1/2009

No. of regulations entered on ERRADA database – 13/1/2009

Percentage increase

% of completion

of Inventory

Main challenges

Transport 4,783 4,778 - 100%

Finance 3,619 3,508 3% 95%

Remaining regulations are brochures concerning liquidation of expropriations, customs and real estate taxes

Trade 3,194 3,192 - 100%

Local Development 3,045 3,029 - 95%

Waiting for rest of governors' decrees

Agriculture 2,895 2,825 2.4% 80%

Remaining regulations of Desert and Urbanization Research and Agricultural Research Center

Housing 2,453 2,453 - 98%

Waiting for response of subordinate authorities

Industry 2,062 2,051 - 90%

Waiting for regulations from 3 subordinate authorities

Investment 797 779 2.3% 98%

Most of work with General Authority for Investment (GAFI) and Capital Market

Health 801 427 87.5% 40% Administrative Development 404 371 9% 100%

Tourism 162 75 116% N/A

Petroleum 123 123 - 95%

TOTAL 24,338 23,611 3%