There is established, under the presidency of the republic, a National High Commission for Investment-Related Appeals, responsible for ruling on appeals submitted by investors.
Appeals are addressed to the commission within a period not exceeding two (2) months from the notification of the contested decision. The commission must rule on these appeals within a period not exceeding one (1) month from the date of its submission.
Furthermore, the investor may file a judicial appeal before the competent courts, in accordance with the applicable legislation.
The Commission is seized by the investor for any dispute related to investment, particularly in cases of:
- withdrawal or refusal to grant benefits;
- refusal to establish decisions, documents, and authorizations by the relevant administrations and organizations.
The Commission is composed of the following members:
- The representative of the Presidency of the Republic, president;
- A magistrate from the Supreme Court and a magistrate from the Council of State proposed by the Supreme Judicial Council;
- A magistrate from the Court of Auditors proposed by the Magistrates Council of the Court of Auditors;
- Three (3) independent economic and financial experts designated by the President of the Republic;
The Commission may call upon any person whose particular competence is likely to enlighten its members.
- The investor submits their appeal to the commission within fifteen (15) days from the date of receipt of the contested decision from the Algerian Investment Promotion Agency;
- However, the investor must, under penalty of inadmissibility of their appeal, address a preliminary complaint to the Algerian Investment Promotion Agency, by any means, within a period of one (1) month from the date of notification of the contested decision;
- The Director General of the agency must rule on the preliminary complaint within a period not exceeding fifteen (15) days from the date of receipt of the contested complaint.
- The appeal must be individual, signed, and must include the name, address, and capacity of the applicant or their duly authorized representative, as well as a memorandum setting out the facts and means.
- The appeal to be addressed to the Commission, directly or via the investor’s digital platform, must be accompanied by all relevant documents and evidence.
- The Commission meets as often as necessary. It shall make a decision within a period not exceeding one (1) month from the date of its submission.
- The commission summons representatives of the relevant public administrations and organizations concerned by the subject of the appeal, as well as the investor, to be heard.
- The President of the commission sends a copy of the appeal file to the relevant administration or organization, which must respond to the points contested by the investor within a period of ten (10) days from the date of receipt of the file.
- The commission is empowered to access administrative documents related to investment projects that are the subject of dispute.
- The decision of the commission is notified to the parties concerned, by any means, within a period not exceeding eight (8) days from the date of its pronouncement. The decision is enforceable.
- The Commission submits to the President of the Republic a biannual report on its activities and on the recurring problems faced by investments and, if necessary, makes recommendations to address them.