Researcher + Peer Reviewer4237: Public evidence suggests that there are procedures and controls in place for the disposal of assets in Cape Verde. The government is open about making public information concerning asset disposal. The law provides for freedom of access to governmental information, including asset disposal, without restriction, provided that privacy rights are respected. The effectiveness of controls over the disposal of assets could not be verified.

Researcher + Peer Reviewer4237: There is no evidence of independent and transparent scrutiny of asset disposals conducted specifically by defence establishments. However, there is evidence in public documents and the media to suggest that independent, effective and transparent scrutiny of asset disposals takes place in Cape Verde. The government also grants public access to the reports of such scrutiny by internal and external audit bodies, although there are concerns over delays in the release of relevant information and recent reports of such scrutiny could not be accessed by the researcher. The government programme under the heading ‘Sound Fiscal Management’ emphasises governance focused on modernisation, transparency, efficiency and efficacy, and stringent fiscal management policy.

Researcher + Peer Reviewer4237: The level of spending on intelligence and national security could not be accurately ascertained during research, though no evidence was found of any items of spending that are classified as secret. Citizens in Cape Verde have, in accordance with the law, the right to gain access to administrative files and records including state defence and security expenditure. The Government, meeting in the Council of Ministers, have the power to approve and present to the National Assembly the general account of the state and of other public entities. However, the National Assembly does not have the power to amend the defence budget.

Any spending is assessed unlikely to be significant however. According to the Geneva Centre for the Democratic Control of Armed Forces (DCAF), security and defence forces in Cape Verde represent roughly 0.3 percent of the population and 0.5 percent of expenditure under the national budget. The US Department of State notes that Cape Verde has a small military of eleven hundred active duty personnel. Of these, 91 percent are in the army and 9 percent are in the air force. The armed forces personnel of Cape Verde is 0.52 (% of total labour force) with a global rank of 115. Cape Verde spends roughly 1 percent of its GNP on its military. The 2011 survey by Budget Office of the Federation (BOF) on military expenditure suggest that Cape Verde is among the lowest spenders on the military, with $8.8 million recorded expenditure. This is lower than the $9.3 million recorded in 2001, or 1.6 percent GDP. Cape Verde had an average Military expenditure as % of GDP of 0.58 in the last 11 years from 2002 to 2013. The Country’s military expenditure as % of central government expenditure had a negative growth (decline) of 0.00 (%) in the last 5 years from (2006 to 2011).

Researcher + Peer Reviewer4237: There is no evidence that the legislature is given full information for the budget year on the spending of all secret items relating to national security and military intelligence; secret items are generally aggregated. However, the approved budget is publicly accessible and controlled by the State Audit Office. The budget and the fiscal risk oversight are comprehensive, and fiscal and budget information is accessible to the public. For example, Bank of Cape Verde releases on the website and in the statistical bulletins information on public finances, namely: the Government Financing and the Income and Expenditure of the Central Government. An economic, administrative and functional classification system is applied in both he formulation and execution of the budget. The functional classification disaggregated by functions and sub functions is well suited for the tracking of the functional structure of expenditure, being disaggregated until the last level. The Budget Framework Law specifies that after the approval of the State Budget, the Government should take the necessary measure to ensure that it is executed through the approval and publication of the corresponding decree-law, specifying the norms and procedures for the execution of the State Budget. Public access to key fiscal information is provided through various channels. The Government publishes all the documents approved by the Parliament, including detailed tables, in the Official Bulletin. An official website www.minfin.cv is made available to the public by the Ministry of Finance.

Researcher + Peer Reviewer4237: There is some evidence that audit reports of the annual accounts of the security sector are duly provided to the legislature. Information on the extent to which the audit reports are debated by parliament cannot be verified. All reports on central government consolidated operations are made available to the public through appropriate means within six months of completed audit. Article 183 of the Constitution of Cape Verde stipulates the organisation and functional powers of the National Assembly, which extends to provision for effective and independent legislative oversight of defence policy and budgetary matters. The Government, meeting in the Council of Ministers, have the power to approve and present to the National Assembly the general account of the state and of other public entities, including defence and security. While efforts have been made to improve parliamentary control of the security sector and defence policy in particular, oversight of the latter remains weak. For example, the National Assembly does not have the power to amend the defence budget. The government established the computerised Integrated System of Budget and Financial Management (SIGOF), as well as the Framework Law for the State Budget), to track all government revenues and expenditures with a built-in Internal Audit mechanism in the year 2002 that integrates tax revenue, the federal government budget, the Controller’s Office, and the Treasury.

Researcher + Peer Reviewer4237: The Geneva Centre for the Democratic Control of Armed Forces (DCAF) notes that security and defence in Cape Verde accounts for 0.5 percent of the expenditure in the national budget. With regards to off-budget military expenditures, no extra-budgetary expenditure has been verified. With regards to current expenditure, off-budget expenditure is reported and included in the reports. For example, the State General Account provides tables that clearly reflect the expenditure in excess of the approved allocations. This expenditure is reported by administrative and economic classification, identifying what are the institutions that originated the extra-budgetary expenditure and under which headings of the economic classification it has occurred. The Constitution of the Republic establishes in Part III that ‘the State Budget is unique and specifies all of the revenues and expenditures of the public administration sector, categorised according to organic and functional classifications. It also includes the social security budget.’ The Constitution further specifies that ‘the State Budget may be structured by annual or multi-annual programmes, requiring in the latter case that the charges to which they refer should be recorded in the Annual Budget.’ Donor’s grants and external loans provided for the funding of government activities, including defence, are budgeted and disbursed considering the predictability of funds, the allocation and effective use of those funds, and the promotion of national systems and procedures.

Researcher + Peer Reviewer4237: The State General Account provides tables that clearly reflect the expenditure in excess of the approved allocations. This expenditure is reported by administrative and economic classification, identifying what are the institutions that originated the extra-budgetary expenditure and under which headings of the economic classification it has occurred. Off-budget military spending is however not disclosed. Military expenditure (% of GDP) in Cape Verde was last measured at 0.52 in 2011, according to the World Bank.

Researcher + Peer Reviewer4237: The classification of information on the ground of safeguarding national security is subject to minimal scrutiny by parliament and other national oversight bodies.

The Ministries of Defence, Interior and Justice are the central ministries charged with security sector oversight in Cape Verde. The president is the commander-in-chief of the armed forces and both the government led by the prime minister and the National Assembly are mandated with security governance.

Researcher + Peer Reviewer4237: Public evidence suggest that the national defence and security institutions in Cape Verde do not appear to have any significant beneficial ownership of commercial businesses. The law sets parameters for public officials, including defence officers, to submit declarations of interest, income, and family wealth, and it regulates public discussion of this information. Evidence suggests these laws are generally upheld (US Department of State 2014).

Researcher + Peer Reviewer4237: Evidence indicates that there are unlikely to be military-owned business of any significant scale. Research also suggests relevant financial activity is likely to be subject to transparent independent scrutiny by the Ministries of Defence, Interior and Justice in Cape Verde, although the extent to which this conforms to international standards cannot be ascertained. Details of scrutiny and auditing and made available to the public, though there may be concerns with delay in the process.

Researcher + Peer Reviewer4237: There is no evidence of unauthorised private enterprise by military or other defence ministry employees in Cape Verde. Reports of government corruption is almost non-existent. The law provides penalties of up to 15 years’ imprisonment for corruption by government officials. In 2009 the government created the Financial Information Unit to fight money laundering and corruption deriving from unauthorised private enterprise.

Researcher + Peer Reviewer4237: Cape Verde is largely regarded as a ‘success story’ in Africa because of its transparency and good governance, and the public commitment of its defence services to the fight against corruption and to upholding integrity measures. This is reflected throughout its defence public statements and policies.

The government is committed to improving the conditions foreign investment and to encouraging a more transparent and competitive economic environment. In 2013 Cape Verde ranked 41st on Transparency International’s Corruption Perception Index, it was second second among African nations trailing only Botswana. Cape Verde rose two slots, from 41st to 39th place, in comparison to 2011 on Transparency International’s 2012 Corruption Perception Index. The country received a rating of 60 on a 0 to 100 scale, in which 100 represents a corruption-free country and 0 an utterly corrupt state. In addition, the Millennium Challenge Corporation (MCC) control of corruption score cards ranked on 96 percent with a score of 1.38.

The government established the High Authority Against Corruption to effectively combat corruption in the country, and parliament has added three additional prosecutors to enforce the law. In an empirical study of crime and corruption (in Cape Verde) conducted by the United Nations Office on Drugs and Crime, it was found that there was high consensus (88 percent) among the different groups of respondents (including citizens, businesses and police officers) that the police in Cape Verde do a reasonably good job in preventing and controlling crime, both inside and outside its establishment.

However, no public evidence was found which (media, csos reports and interviews) showing that the defence service publicly commits to anti-corruption and integrity measures.

Researcher + Peer Reviewer4237: There is enough evidence to suggest that adequate measures are in place to deal effectively with personnel found to have taken part in forms of bribery and corruption. Public evidence suggests that these measures are effectively enforced. Hence, the low level of corruption in the country. Corruption is a crime punishable by law in Cape Verde. Giving or accepting a bribe is a criminal act and conviction could result in up to eight years in prison. The defence services takes matters of corruption and related practices seriously and conduct their affairs in a professional and transparent manner.

Researcher + Peer Reviewer4237: The general Protection of Witness law establishes regulatory measures for protecting witnesses who denounce cases of corruption and others involved in the litigation process. This extends to military and official personnel. However, the law’s effectiveness in practice has been questioned by civil society organisations and the Cape Verdean Lawyers Association.

Researcher + Peer Reviewer4237: Public evidence suggests that special attention is paid to the selection and oversight of personnel in sensitive positions, including officials and personnel in defence procurement, contracting, financial management and commercial management. However, this is likely to be lip service (US Department of State 2014). The positions and selection mechanisms might be available publicly, but they could not be found on the Internet. The same goes for rules of conduct, oversight mechanisms and appointment procedures.


This goes up to the highest level where the Prime Minister is the head of the government and as such proposes other ministers and secretaries of state. The Prime minister is nominated by the National Asse mbly and appointed by the President. The President is the head of state and is elected by popular vote for a five-year term. Recent elections were held in 2011. There have been cases of nepotism in the recruitment of personnel in sensitive positions, as noted by the US Department of State. The government ratified the UN Convention against Corruption in 2008 and implemented the National Anti-Corruption Plan in 2012.

Researcher + Peer Reviewer4237: The number of civilian and military personnel in Cape Verde is uncertain (see a range of sources consulted in the reference list). Cape Verde has a small military of eleven hundred active duty personnel. Armed forces personnel number 1000, according to calculations by the NationMaster. Of these, 91 percent are in the army and 9 percent are in the air force. The armed forces personnel of Cape Verde is 0.52 (% of total labour force) with a global rank of 115.

Researcher + Peer Reviewer4237: The researcher could not access official publication on the pay rates and allowances for civilian and military personnel. The law sets parameters for public officials to submit declarations of interest, income and family wealth, and it regulates public discussion of this information. Employment income is specifically defined in the applicable tax law and covers all payments in connection with work (contract) carried out in Cape Verde, such as salary, bonuses, commissions, pensions, allowances (e.g., cost-of-living and housing allowances), and benefits in kind (e.g. company cars) regardless of where the payment originates.

When involved in criminal cases of alleged corruption, public officials must declare or prove the source of their income or wealth. The law provides for freedom of access to governmental information without restriction, including pay rates for civilian and military personnel, provided that privacy rights are respected. Access is frequently granted by the government of Cape Verde. Public access to key fiscal information is provided through various channels. The Government publishes all the documents approved by the Parliament, including detailed tables, in the Official Bulletin. An official website www.minfin.cv is made available to the public by the Ministry of Finance.

Researcher + Peer Reviewer4237: There is no evidence that the system of payment in Cape Verde is well-established. The payment of the military is seen as low and there have been cases of delay in payment.

Researcher + Peer Reviewer4237: Public evidence suggests that the procedures for the selection of military personnel at middle and top management level is established, although there is evidence of the penetration of nepotism in the selection process (US Department of State 2014). The use of objective job descriptions and assessment processes for appointment, including the use of independent oversight bodies, appears to be weak in Cape Verde.

There is evidence of corruption and nepotism in the recruitment of corruption and nepotism in the process of recruiting officers at middle and top management level and civil servants. One academic report points to systematic recruitment of ‘senior staff.’ This system is allegedly based on the ‘jobs for the boys’ principle, whereby activists and officials of the ruling party are hired to fill important positions in the state or government on the basis of their partisan affiliations, rather than their technical skills. In general, the report cites disregard for merit in recruitment and selection processes in Cape Verde.

Researcher + Peer Reviewer4237: There is little evidence that personnel are promoted through an objective, meritocratic process. Based on relevant public documents and reports, there is evidence that corruption and nepotism has penetrated the process of personnel promotion in Cape Verde (Furtado 2011). Positions are granted on the basis of influence peddling; there is disregard for merit in recruitment and selection processes, and a lack of openness and coordination of employment centres.

Researcher + Peer Reviewer4237: Compulsory conscription occurs in Cape Verde. Article 271 (Military Service) states that ‘The defence of the country shall be a right and a duty of all Capeverdeans. Military service shall be compulsory in accordance with the law. The Conscientious objectors and those that are incapacitated to do military service shall carry out civic service, in accordance with the law.’

Article 273 (Guarantee of the citizens who do their military service) states that ‘Nobody shall be harmed in his employment, placement, promotion or social benefits due to his doing military service or carrying out compulsory civic service.’

The age and obligation for compulsory military service in Cape Verde is between 18-35 years of age for male and female. The conscript service obligation is for 2 years; 17 years of age for voluntary service (with parental consent). There is no evidence that bribery and corruption occurs within the conscription process, nor does public evidence suggest any significant concern. The Constitution takes a strong stance against corruption and related offences. The law provides penalties of up to 15 years’ imprisonment for corruption.

Researcher + Peer Reviewer4237: The conscript service obligation in Cape Verde is for 2 years; 17 years of age for voluntary service (with parental consent). There is no evidence that bribery and corruption occurs within the conscription process, nor does public evidence suggest any significant concern. There is also no evidence that there is a policy of refusing bribes to gain preferred postings in the recruitment process. The Constitution and law enforcement agencies take a strong stance against this kind of corruption and malpractice.

Researcher + Peer Reviewer4237: No evidence was found that this phenomenon occurs in Cape Verde, however research also found insufficient evidence of enforced accountability in payment systems to award a higher score.

Researcher + Peer Reviewer4237: Evidence gleaned from audit reports, specifically the Public Expenditure and Financial Management (PEFA), as well as research projects and public opinion, suggest that chains of command are separated from chains of payment throughout the ministry and armed forces.

Researcher + Peer Reviewer4237: There is no evidence of an effective Code of Conduct specific to all military and civilian personnel in Cape Verde. If there is one, it is not publicly available. The country does appear to have enacted a somewhat effective anti-corruption policy for the public sector that is likely to include the defence sector however. Some conduct standards are specified in legislation and the government has indicated it is working on a Code of Ethics for civil servants. Bribery in general is considered a criminal act and conviction could result in up to eight years in prison. The law also provides penalties of up to 15 years’ imprisonment for corruption by government officials, including those in defence. To combat corruption effectively, the government established the High Authority Against Corruption. Reporting indicates that implementation is likely to occur and that the government has taken steps to address cases of public sector corruption. This is also supported by Cape Verde's ranking as the second highest scoring country in Africa on the Corruption Perceptions Index.

Researcher + Peer Reviewer4237: There is no public evidence of any Code of Conduct for military and civilian defence personnel in Cape Verde. However, there is evidence that a general code of conduct for public servants is effectively enforced and there is some evidence that breaches of the conduct are dealt with in the appropriate manner. The results of such prosecutions are also adequately communicated to the public and the press. The government takes adequate steps to prosecute and punish officials who committed abuses, but the process was lengthy. The National Police took disciplinary action against officials who acted outside the law, but nonexistence of a single authority to monitory or oversee cases or complaints made it difficult to obtain data on the number of cases. Moreover, government and other state institutions sometimes downplayed or disregarded police abuses (US Department of State). Score selected because as noted previously, conduct standards are specified in legislation.

Researcher + Peer Reviewer4237: There is no evidence of regular anti-corruption training for civilian and military personnel. The UNODC has a comprehensive programme on anti-corruption since 2007 which culminated in the publication of a comprehensive report on the subject: https://www.unodc.org/documents/data-and-analysis/dfa/Study-crime-corruption-english.pdf. Available evidence suggests that the government provided professional training to increase police effectiveness. This includes anti-corruption and anti-drug-trafficking training, as well as courses on gender-based violence. Professional training are normally provided for each of the regional National Police centres.

Researcher + Peer Reviewer4237: It is not clear if there is a policy to make public outcomes of the prosecution of defence services personnel for corrupt activities. The power to prosecute a criminal offence, including money laundering and corruption, is vested in the Public Prosecutor Office however.

Besides having overall prosecution responsibility for criminal offences, the office is also responsible for overseeing any criminal investigations conducted by the police. The attorney general is the head Public Prosecutor Office and the officers are magistrates appointed by the judicial council. Public evidence shows evidence of fairly effective prosecutions in Cape Verde in recent years. The government also makes every effort to publicise the outcomes of the prosecution of defence services personnel for corruption activities.

The results of such prosecutions are also adequately communicated to the public and the press. The government takes adequate steps to prosecute and punish officials who committed abuses, but the process was lengthy. In general, it appears that corruption is not a major issue within the defence services (see examples provided above, in these sources: US Department of State 2014; Mail & Guardian 2014; African Economic Outlook 2013)

Researcher + Peer Reviewer4237: Cape Verde has effective measures in place to discourage facilitation payments which are considered extra-legal in the country. Official corruption, including bribery and facilitation payments, carries a criminal penalty of up to 15 years' imprisonment. The High Authority against Corruption is the number one corruption enforcement agency in the country. There is little evidence that this mechanism are effectively used and capable of discouraging facilitation payments.

Researcher + Peer Reviewer4237: The armed forces in Cape Verde are very little — approximately 1000 according to the Nation Master. Evidence suggests that the military in Cape Verde are likely to be aware of corruption as a strategic issue in governance. However, an explicit doctrine on this subject could not be verified.

Researcher + Peer Reviewer4237: An explicit doctrine on this subject could not be verified. Media reports, however, suggest that there is no significant evidence of corruption issues being mishandled during deployment. In fact, there is no evidence that the media report on cases of corruption during deployment. Notably, in January 2013, the secretary of state for public administration admitted that there were “serious ethical problems and strong indication of corruption” in Cape Verde’s civil service. To combat this, he declared that the government was preparing an Ethics Code for the Civil Service.

Researcher + Peer Reviewer4237: Information on whether trained professionals are regularly deployed to monitor corruption risk in the field could not be verified. However, there are no reported cases of corruption that have surfaced.

Researcher + Peer Reviewer4237: There is no evidence in Cape Verde of guidelines, and staff training on addressing corruption risks in contracting whilst on deployed operations or peacekeeping missions.

Researcher + Peer Reviewer4237: There is evidence that Cape Verde does employ private military contractors in its operations. This is predictable given the small number of armed forces in the country - roughly 1,200 - and the high security threat - especially organised crime - confronting the country.

In a move to fight against escalating piracy in the Gulf of Guinea, the government of Cape Verde recently granted a licence to Cape Verde Maritime Security Services (CVMSS) allowing the company exclusive rights to vet Private Maritime Security Companies (PMSCs) who want to use the island as a base for embarking and disembarking armed security teams. There is an arrangement in place to ensure that CVMSS undertakes checks to ensure PMSC's comply with agreed minimum standards in accordance with both local and international laws and regulations. The specifications of these arrangements and the extent to which these standards are enforced could not be verified.

Researcher + Peer Reviewer4237: Besides the use of consultants' services, evidence suggest that Cape Verde merely has arrangements set forth in decrees that govern procurement in specific sectors. In this regard, the only structured text that exists has been drafted for infrastructure. In fact, only a Decree-Law (31/94) exists for public works procurement. With respect to the procurement of goods and services, Decree-Law 2/97 and the Decree-Laws on annual budget execution contain a number of pointers which cannot be considered true directives.

The lack of an overarching national document governing procurement notwithstanding, few flawed procurement practices have been identified. This is due in large measure to an environment conducive to a culture of transparency, good governance and the frequent use of procedures and standard documents of the World Bank, even in instances where this institution is not involved in financing. Due to the regulatory void, practices differ from one institution to another; a factor that renders procurement unpredictable. Notably, however, the CPAR (Country Procurement Assessment Review) which was undertaken in 2005 led to the development of an action plan for the period 2006 - 2008.

Subsequently, a new law on procurement was approved in September 2007 and a new regulatory body - ARAP (Regulatory Agency for Public Procurement) was established during 2008.
No other evidence was found regarding any specific legislation covering defence and security procurement made in Cape Verde.

Researcher + Peer Reviewer4237: The law in Cape Verde make adequate provision for freedom of access to governmental information, including defence procurement and asset disposal, without restriction, provided that privacy rights are respected. The government frequently granted public access. Freedom House granted Cabo Verde two 1s in its annual Freedom in the World report, a perfect score. It is the only African country to receive the score.

On the specific issue of defence procurement cycle process, no public information could be found. There appears to be no public knowledge of the defence procurement cycle process in Cape Verde.

Researcher + Peer Reviewer4237: In Cape Verde, the Court of Accounts (TC) is the supreme audit institution. It is responsible for the jurisdictional control of budget execution, in accordance with the article 216 of the Constitution “...The Court of Accounts is the supreme audit institution that controls the legality of public expenditure and rules on the accounts, which the law has ordered to be submitted to it.” The Court of Accounts provides oversight for all government procurement, including defence procurement.

There is also the Regulatory Agency for Public Procurement, including defence procurement, which was established in 2008 and provides oversight for defence procurement. Likewise, article 94 of the Constitution states that “the execution of the State Budget is audited by the Court of Accounts and by the National Assembly, which assesses and votes the State Account, after that Court pronunciation”.

Researcher + Peer Reviewer4237: No detailed budget was found surrounding current or planned military purchases. The website of the Ministry of Defence regularly publishes some documents (http://www.defesa.gov.cv/index.php/biblioteca/documentacao), but the newest documents have been published in 2012. It is unclear however if there is a policy of disclosing documents only after 3 years of their initial drafting, or if the website has stopped publishing documents at all in 2012.

Cape Verde's military budget is very little, amounting to around less than $9 million a year. The absence of large-scale military installations, operations and equipment makes it likely that there are no secret defence purchases.

Researcher + Peer Reviewer4237: The researcher is not aware of any procedures or standards required of companies in order to bid for work for the Ministry of Defence or armed forces. However, the government of Cape Verde has been making consistent efforts to improve the conditions for foreign investment, promoting a transparent and competitive economic environment. The basic Cape Verdean foreign investment laws establish the principle of equal treatment for foreign investors and affirm the government’s commitment to the the creation of a dynamic business environment.

Researcher + Peer Reviewer4237: Defence procurement appears to be at least formally derived from the National Defence and Security Strategy Concept. Public Procurement is regulated by 17/VII/2007 Law (the Act) approved in September 10, 2007 which became effective on January 1, 2008. The Act was followed by the following implementation decrees; decree-Law No: 15/2008 of May 8, 2008, creating the Regulatory Agency for Public Procurement (ARAP) and defining its statute to regulate, supervise, and resolve conflicts in public procurement; decree-law No: 1/2009 of January 5,2009, approving the regulation of public procurement law. With regards to institutional framework, the procurement law requires the creation of decentralised procurement units in individual ministries and other public institutions; a single central unit for goods common to several government departments, including security; and a central regulation agency to coordinate and monitor the overall procurement system. There is a Directorate General of Public Property and Public Contracts (DGPCP) whose role is providing oversight over public procurement in government institutions and to provide ext-ante controls to individual procurement management units (UGAs). However, due to lack of staffing, this functionality is significantly undermined. Furthermore the set up of the Regulatory Agency for Public Procurement (ARAP) as an independent regulatory authority responsible for elaborating procurement regulations, organising the training of procurement staff, handling claims, preparing manuals and standard documents, disseminating information about public contracts, organising independent audits, evaluating the overall performance of the procurement system and fighting corruption. The external control of public spending, however, remains inefficient; there is need for Cape Verde to improve the effectiveness of its General Finance Inspectorate (IGF) and to give more power to the Court of Auditors (CCT).

Researcher + Peer Reviewer4237: It is not clear how closely the Ministry of Defence and Armed Forces base their major purchases on clearly identified requirements, although it is assessed likely that routine procedures exist and are followed to some extent. The Geneva Centre for the Democratic Control of Armed Forces (DCAF) notes that security and defence in Cape Verde accounts for 0.5 percent of the expenditure in the national budget. The State General Account provides tables that clearly reflect the expenditure in excess of the approved allocations. This expenditure is reported by administrative and economic classification. The Constitution of the Republic establishes in Part III that ‘the State Budget is unique and specifies all of the revenues and expenditures of the public administration sector, categorised according to organic and functional classifications. It also includes the social security budget.’ The Constitution further specifies that ‘the State Budget may be structured by annual or multi-annual programmes.' In 2013 China donated US$50 million to Cape Verde to purchase military equipment which would be used by the Coast Guard to patrol and observe the country’s territorial waters as well as assisting with efforts to fight the pervasive problem of drug trafficking in the country. In 2011, the United States African Command (AFRICOM) and the Cape Verdean Armed Forces signed a cooperation protocol in Praia worth US$200,000, for the acquisition of equipment for Cape Verde Coastguard patrol ships.

Researcher + Peer Reviewer4237: No evidence that in legislation defence procurement is conducted as open competition was found. No mention of open competition in the allowing of contracts was found, but no mention of an otherwise policy was found either. http://www.defesa.gov.cv/index.php/imprensa-60/noticias/309-a-seguranca-maritima-off-shore-deu-mais-um-passo

On the other hand, sourcing for small arms seems relatively diversified: http://nisat.prio.org/Trade-Database/Researchers-Database/

Researcher + Peer Reviewer4237: Tender boards in Cape Verde appear to be subject to some form of regulations and ethical code. The Court of Accounts (TC) is the supreme audit institution of Cape Verde. It is responsible for the jurisdictional control of budget execution, in accordance with the article 216 of the Constitution ‘… The Court of Accounts is the supreme audit institution that controls the legality of public expenditure and rules on the accounts, which the law has ordered to be submitted to it.’

There is also the Regulatory Agency for Public Procurement (ARAP) which is an independent regulatory authority responsible for elaborating procurement regulations, organising the training of procurement staff, handling claims, preparing manuals and standard documents, disseminating information about public contracts, organising independent audits, evaluating the overall performance of the procurement system and fighting corruption. Cape Verde’s infrastructural development has generated multiple allegations of corruption at the municipal and national levels. The audit system overall in Cape Verde is weak and suffers from delays and poor compliancy in the implementation of the inspection and of the recommendations.

No particular mention to the undertaking of audits of tender boards undertaken, the independence of the auditing body, the frequency of the audits and the public characters of their results was found.

Score changed from 3 to 1 in light of peer reviewers' comments.

Researcher + Peer Reviewer4237: The country appears to have a reasonably strong legislative system to discourage and punish collusive behaviour between defence and security bidders. There is the Regulatory Agency for Public Procurement (ARAP) which is an independent regulatory authority responsible for elaborating procurement regulations, organising the training of procurement staff, handling claims, preparing manuals and standard documents, disseminating information about public contracts, organising independent audits, evaluating the overall performance of the procurement system and fighting corruption. Public Procurement is regulated by 17/VII/2007 Law (the Act) approved in September 10, 2007 which became effective on January 1, 2008. The Act was followed by the following implementation decrees; decree-Law No: 15/2008 of May 8, 2008, creating the Regulatory Agency for Public Procurement (ARAP) and defining its statute to regulate, supervise, and resolve conflicts in public procurement; decree-law No: 1/2009 of January 5, 2009, approving the regulation of public procurement law. With regards to institutional framework, the procurement law requires the creation of decentralised procurement units in individual ministries and other public institutions; a single central unit for goods common to several government departments, including security; and a central regulation agency to coordinate and monitor the overall procurement system. There is a Directorate General of Public Property and Public Contracts (DGPCP) whose role is providing oversight over public procurement in government institutions and to provide ext-ante controls to individual procurement management units (UGAs). There is also the Penal Code which provides for a number of corruption-related sanctions.

Researcher + Peer Reviewer4237: There is no evidence that procurement staff, in particular project and contract managers, are specifically trained and empowered to ensure that defence contractors meet their obligations on reporting and delivery. Notwithstanding the relatively good procurement system and structures associated with Cape Verde’s current procurement rules and regulations, the problem of weak human capacity across the board means that the risk associated with the procurement sub-system, as well as ensuring that defence contractors meet their obligations on reporting and delivery, was assessed as moderate by the African Development Bank in March 2013.

Researcher + Peer Reviewer4237: There appears to be adequate mechanisms in place to allow companies complain about perceived malpractice in procurement process. Within the Regulatory Agency for Public Procurement (ARAP) in Cape Verde, for example, there is a Dispute Settlement Committee tasked with arbitrating claims and complains presented by bidders and/or contractors. Besides the Public Procurement Law, there is decree-Law No: 15/2008 of May 8,2008, creating the Regulatory Agency for Pubic Procurement and defining its statute to regulate, supervise, and resolve complains and conflicts in public procurement; decree-Law No: 1/2009 of January 5,2009, approves the regulation of public procurement law. Cape Verdean government is committed to continuously improving the conditions for companies to operate and encouraging a more transparent and competitive economic environment. The researcher could not verify whether companies are actually protected from discrimination when they use these mechanisms.

Researcher + Peer Reviewer4237: There is a range of punishment for corrupt activities on the part of suppliers in Cape Verde, ranging from rejection of proposal to legislative sanctions (e.g. fines or imprisonment). Corruption in Cape Verde is a crime punishable by law. Giving or accepting a bribe is a criminal act and conviction could result in up to eight years in prison. To combat corruption effectively, the Cape Verdean government established the High Authority Against Corruption that, along with the Judiciary Police, specifically targets and combats corruption. Parliament has also added three additional prosecutors to enforce the law. Cape Verde has several laws and regulations in place to fight corruption. Giving or accepting a bribe is a criminal act for which conviction could result in eight years imprisonment.

The enforcement of the law is however not always consistent.

Researcher + Peer Reviewer4237: No information was available on offset policies in Cape Verde. Given the size of its defence budget, their use is assessed to be highly unlikely.

Researcher + Peer Reviewer4237: No information was available on offset policies in Cape Verde. Given the size of its defence budget, their use is assessed to be highly unlikely.

Researcher + Peer Reviewer4237: No information was available on offset policies in Cape Verde. Given the size of its defence budget, their use is assessed to be highly unlikely.

Researcher + Peer Reviewer4237: The researcher could not verify the extent to which the government control the company's use of agents and intermediaries in the procurement cycle with regards the defence and security sector.

Researcher + Peer Reviewer4237: The law in Cape Verde generally provides for freedom of access to governmental information without restriction, provided that privacy rights are respected. The government frequently granted access. It is very likely that this freedom of access to government information includes principal aspects of the financing package surrounding major arms deals such as payment timelines and interest rates, and commercial loans. Freedom House granted Cape Verde two 1s in its annual Freedom in the World report for 2014, a perfect score. It is the only African country to receive this score. While government authorisation is needed to publish newspapers and other periodicals, freedom of the press is guaranteed in law and generally respected in practice. The independent press is small but vigorous, and there are several private and community-run radio stations. State-run media include radio and television stations. In May 2013 the president argued for the introduction of new legal procedures that ensure that the media has easier access to information from public institutions.

Researcher + Peer Reviewer4237: There is sufficient evidence that the government of Cape Verde encourages the main contractor to ensure that its subsidiaries adhere to corruption cleanup programmes in the country. The Government of Cape Verde granted a licence to Cape Verde Maritime Security Services (CVMSS) allowing the company exclusive rights to vet Private Maritime Security Companies (PMSCs) who want to use the island as a base for embarking and disembarking armed security teams.

On behalf of the Cape Verde Government, CVMSS undertakes checks to ensure PMSCs comply with agreed minimum standards in accordance with both local and international laws and regulations. These standards include requiring PMSCs to adopt anti-corruption programmes. By and large, the government has an investment climate that is free of corruption and that is sufficiently transparent. According to the International Finance Corporation’s Foreign Investment Advisory Service (FIAS), firms in Cape Verde were considerably less concerned about areas of the investment climate, such as corruption, macroeconomic instability and administrative regulation.

The government of Cape Verde does not formally require that the main contractor ensures subsidiaries and sub-contractors adopt anti-corruption programmes, and there is no track record of enforcement.

Researcher + Peer Reviewer4237: Acquisitions in defence are independent of political influence. Small exceptions can be observed but those are due to the existence of bilateral agreements with different external actors such as the EU, the CPLP countries in Africa and some emerging markets such as Brazil and China.
It is important to state again the role of the ARAP in the controlling of the public acquisitions, in particular the activity report from 2011 where the Armed Forces are among those institutions that gave all details on the acquisitions.