EUROPAM

European Public Accountability Mechanisms

Iceland

Country score (European Average*)
  • 66(66) Political Financing
  • 14(50) Financial Disclosure
  • 14(40) Conflict of Interest
  • 36(56) Freedom of Information
  • 51(63) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)42253.86
Population, total334252.00
Urban population (% of total)94.23
Internet users (per 100 people)98.24
Life expectancy at birth (years)82.86
Mean years of schooling (years)12.2
Global Competitiveness Index5
Sources: World Bank, UNDP, WEF.

Political Financing

The Act on the Finances of Political Organisations and Candidates (2006, amended 2011) and the Rules on the Financial Accounts of Political Parties 2007 are the main laws regulating the financing of political parties in Iceland.

There are some restrictions on the amount that can be donated to political parties. There are bans on donations from foreign entities, and from corporations with partial government ownership but not from corporations generally. Trade unions are permitted to donate but donations from anonymous donors are banned. There are limits regulating the amount a donor can contribute to political parties and candidates.

Public funding is available for political parties and is allocated based on the share of votes in a previous election, the representation in the elected body and the participation in the election. Funding is available to cover expenses incurred in the general election campaign and for the general activities of political parties. Subsidized media access is available as is tax relief as a form of indirect funding.

The regulations on spending include a ban on vote buying and limits on the amount a candidate can spend in an election. There do not appear to be limits on the amount a political party can spend.

Parties are required to keep accounts which must provide information on finances in relation to election campaigns, the reports must be made public and must in some cases reveal the identity of donors. The accounts are overseen by the National Audit Bureau. There are sanctions for breaches of the provisions in the form of fines, forfeiture and imprisonment.


Quantitative Data

Primary Metric

2012201520162017Trend
Bans and limits on private income69696969
Public funding62626262
Regulations on spending50505050
Reporting, oversight and sanctions75838383

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? Yes. Contributions may not be accepted from foreign citizens, enterprises or other parties registered in other countries. This prohibition shall not apply, however, to contributions from foreign citizens who have voting rights in Iceland as provided for in the third paragraph of Art. 2 of Act No. 5/1998, on municipal elections. (Art 6, Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011)
Is there a ban on donations from foreign interests to candidates? Yes. Contributions may not be accepted from foreign citizens, enterprises or other parties registered in other countries. This prohibition shall not apply, however, to contributions from foreign citizens who have voting rights in Iceland as provided for in the third paragraph of Art. 2 of Act No. 5/1998, on municipal elections. (Art 6 Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011 )

Bans on corporate donations

Is there a ban on corporate donations to political parties? No. Absent from legal framework
Is there a ban on corporate donations to candidates? No . Absent from legal framework
Is there a ban on donations from corporations with government contracts to political parties? Yes. Contributions from enterprises in which a majority is owned, or which is controlled by, the state or municipalities may not be accepted. Contributions may not be accepted from public bodies not included under the provisions of Chapter II (Art 6 Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011 )
Is there a ban on donations from corporations of partial government ownership to political parties? Yes. Contributions from enterprises in which a majority is owned, or which is controlled by, the state or municipalities may not be accepted. (Art 6 Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011 )
Is there a ban on donations from corporations with government contracts to candidates? Yes. Contributions from enterprises in which a majority is owned, or which is controlled by, the state or municipalities may not be accepted. Contributions may not be accepted from public bodies not included under the provisions of Chapter II (Art 6 Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011 )
Is there a ban on donations from corporations of partial government ownership to candidates? Yes. Contributions from enterprises in which a majority is owned, or which is controlled by, the state or municipalities may not be accepted. (Art 6 Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011 )

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? No. Absent from legal framework
Is there a ban on donations from Trade Unions to candidates? No. Absent from legal framework

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? Yes. Contributions from anonymous donors may not be accepted. [If a political organisation or candidate receive contributions from an unknown donor, the contribution shall be delivered to the Treasury if there was no opportunity to refuse its acceptance. (Art 6 Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011 )
Is there a ban on anonymous donations to candidates? Yes. Contributions from anonymous donors may not be accepted. [If a political organisation or candidate receive contributions from an unknown donor, the contribution shall be delivered to the Treasury if there was no opportunity to refuse its acceptance. (Art 6 Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011 )

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. Contributions may not be accepted from public bodies not included under the provisions of Chapter II (Art 6 Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011 )
Is there a ban on any other form of donation? No. Absent from legal framework

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? Yes. Political organisations and candidates may not accept contributions from legal entities exceeding ISK [400,000] per year. (Art 7 Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011)
Is there a limit on the amount a donor can contribute to a political party in relation to an election? Yes. Art 6 Political organisations and candidates may accept contributions for their activities or an election campaign with the restrictions which result from the second to fifth paragraphs of this Article and the provisions of Article 7. Art 7 places an annual restriction of 400,000 so it appears that applies to elections as well. (Art 6 Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011 )
Is there a limit on the amount a donor can contribute to a candidate? Yes. Political organisations and candidates may not accept contributions from legal entities exceeding ISK [400,000] per year. (Art 7 Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011)

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. Each year allocations shall be made from the Treasury for the activities of political organisations who have had at least one person elected to the Althingi or who have received at least 2.5% of votes in the most recent elections to the Althingi, in accordance with a budget decision in each instance. (Art 3 Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011)
Eligibility criteria for direct public funding to political parties: Representation in elected body Yes. Each year allocations shall be made from the Treasury for the activities of political organisations who have had at least one person elected to the Althingi or who have received at least 2.5% of votes in the most recent elections to the Althingi, in accordance with a budget decision in each instance. (Art 3 Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011)
Eligibility criteria for direct public funding to political parties: Participation in election Yes. Political organisations who field candidates in all constituencies in elections to the Althingi may, upon the conclusion of the elections, apply for a special financial grant from the Treasury to cover expenses incurred in their election campaign, of a maximum of ISK 3 million. (Art 3 Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011)
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in previous election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Other No. Absent from legal framework

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received Yes. The amount shall be allocated in proportion to the number of votes. (Art 3 Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011)
Allocation calculations for direct public funding to political parties: Equal No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to seats received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Flat rate by votes received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending Yes. Political organisations who field candidates in all constituencies in elections to the Althingi may, upon the conclusion of the elections, apply for a special financial grant from the Treasury to cover expenses incurred in their election campaign, of a maximum of ISK 3 million. (Art 3 Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011)
Earmarking provisions for direct public funding to political parties: Ongoing party activities Yes. Each year allocations shall be made from the Treasury for the activities of political organisations (Art 3 Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011)
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Other No. Absent from legal framework

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal Yes. "Some form of indirect funding of election campaigns is provided through free broadcasting time on the State-‌owned television channel at the time of election campaigns.‌ There are no specific provisions on media space, but, according to the Law No.‌ 53/‌2000 (Art.9) on Broadcasting, all radio and television stations are bound by the basic rules of democracy and freedom of expression.‌ On this basis, parties are treated equally when allocating air time.‌" (GRECO (2008) Evaluation Report on Iceland, Transparency of Party Funding (Theme II))
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Other No. Absent from legal framework
Are there provisions for free or subsidized access to media for candidates? No. Absent from legal framework

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings No. Absent from legal framework
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework
Provisions for any other form of indirect public funding: Tax relief Yes. Individual gifts and donations to churches, acknowledged charities, fields of culture, political parties and scientific research, though not above 0,75% of income in acc. with section B of Article 7 in the year of giving. The Minister of Finance decides via regulation which areas and institutions are governed by this point. (Article 31(2), Law No.‌ 90/‌2003 on Income Tax, amended 2016)
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework
Provisions for any other form of indirect public funding: Other No. Absent from legal framework
Is the provision of direct public funding to political parties related to gender equality among candidates? No. Absent from legal framework
Are there provisions for other financial advantages to encourage gender equality in political parties? No. Absent from legal framework

Regulations on spending 

Is there a ban on vote buying? Yes. Banned election propaganda and election sabotage" include:] "To offer anyone money or advantages in order to have an effect on whether they cast a vote or for whom they cast a vote, to deprive a person or to threaten a person with the deprivation of his or her job or advantages for the same purpose, to promise money or advantages to a person if an election turns out this way or that way, to make it difficult for others to go to a polling session or to a pre-‌election polling station, as well as to apply coercive measures in connection with elections.‌ Pays, promises to pay or offers to pay someone money or some other gain with a view to having them vote in a particular way, or not vote (...) shall be subjected up to 2 years’ imprisonment, or to a fine if the offence is minor. (Act on Parlimentary Elections to the Althing, No.​ 24/​2000, Art. 117 Penal Code, Art. 103(4), amended 2015)
Are there bans on state resources being used in favour or against a political party or candidate? No. Absent from legal framework
Are there limits on the amount a political party can spend? No. Absent from legal framework
Are there limits on the amount a candidate can spend? Yes. Candidates' total expenses [in an election campaign for national or municipal elections] 1) may not exceed ISK 1 million, plus a premium as follows: In an electoral district with over 50,000 residents 18 years of age and older, ISK 75 per person. In an electoral district with 40,000-49,999 residents 18 years of age and older, ISK 100 per person. In an electoral district with 20,000-39,999 residents 18 years of age and older, ISK 125 per English translation person. In an electoral district with 10,000-19,999 residents 18 years of age and older, ISK 150 per person. In an electoral district with fewer than 10,000 residents 18 years of age and older, ISK 175 per person. (Art 7 Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011)

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. Political organisations must keep consolidated accounts for all units they are comprised of, such as subsidiary associations, constituency boards, holding companies and related self-governing institutions. (Art 8 Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011)
Do political parties have to report on their finances in relation to election campaigns? Yes. "Political parties shall report all their income and expenses in their income statements, except as other provided by law or statutory accounting standards." [Candidates must prepare financial results of their election campaigns, listing all contributions and expenses in connection with it in accordance with general accounting rules ( Art. 15 Rules on the Financial Accounts of Political Parties, 2007 Art 10 Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011)
Do candidates have to report on their campaign finances? Yes. [Candidates must prepare financial results of their election campaigns, listing all contributions and expenses in connection with it in accordance with general accounting rules (Art 10 Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011)
Is information in reports from political parties and/​or candidates to be made public? Yes. The National Audit Bureau shall, as soon as possible thereafter, publish an excerpt from the statements in a co-ordinated manner. (Art 11 Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011)
Must reports from political parties and/​or candidates reveal the identity of donors? Yes. The names of all legal entities providing contributions to the candidate's election campaign and the respective amounts shall be published. In addition, the names of all individuals providing contributions valued at over ISK 200,000 to the candidate's election campaign shall be published. (Art 11 Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011)
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency Yes. Political organisations must, prior to 1 October each year, send the National Audit Bureau their accounts from the previous year, cf. Art. 8, endorsed by auditors. (Art 9 Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011)
Institutions receiving financial reports from political parties and/​or candidates: Ministry No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Other No. Absent from legal framework

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Auditing agency Yes. The National Audit Bureau may, at any time, request all documentation to verify that the expenses of the election campaign and contributions from individuals and legal entities to the candidate are within the limits set in Chapter III. (Art 10 Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011)
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Other No. Absent from legal framework
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework
Institutions with a formal role in political finance oversight: Auditing agency No. Absent from legal framework
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework
Institutions with a formal role in political finance oversight: Other No. Absent from legal framework
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. Anyone receiving contributions, or their equivalent, which may not be accepted according to Art. 6, or higher contributions than provided for in Art. 7, shall be subject to fines or imprisonment of up to two years. (Art 6 and 7 Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011)
Sanctions for political finance infractions: Loss of public funding No. Absent from legal framework
Sanctions for political finance infractions: Penal/Criminal Yes. Anyone receiving contributions, or their equivalent, which may not be accepted according to Art. 6, or higher contributions than provided for in Art. 7, shall be subject to fines or imprisonment of up to two years. (Art 6 and 7 Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011)
Sanctions for political finance infractions: Forfeiture Yes. Unauthorised contributions accepted or contributions accepted in excess of limits provided for in this Act may be confiscated by the Treasury, as stated in Chapter VII A of the Criminal Code. (Penal Code, Chapter VII A, amended 2015)
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework
Sanctions for political finance infractions: Other No. Absent from legal framework

Qualitative data for 2017


Legislation

Act on the Finances of Political Organisations and Candidates and their Information Disclosure 2006, amended 2011 (English)pdf
Law No.‌ 90/‌2003 on Income Tax, amended 2016 (Icelandic)pdf
Act on Parlimentary Elections to the Althing, No.​ 24/​2000 (English)pdf
Penal Code, 1940, amended 2015 (English)pdf
Rules on the Financial Accounts of Political Parties, 2007 (English)pdf

Financial Disclosure

Iceland’s financial disclosure legislation does not apply to the Head of State or to Civil Servants. According to the Ministerial Code of Conduct (2011), Ministers must declare gifts and information on any financial or private interests they have which may lead to a conflict of interests. The Disclosure Regulations for Members of Parliament and Senior Positions outside Parliament (2011) makes more specific requirements for MPs to declare real estate that is not for personal use, cash, debt, income from outside employment, and private or public firm ownership. While Ministers make their declaration only upon taking office, Members of Parliament are obliged to an annual declaration. No declarations include family members. 

However, no sanctions are specified for the failure to make declarations or for making false statements. The Althing Secretariat and the Parliamentary Office receive declarations made by Ministers and MPs respectively. The Coordinating Committee for Public Administration Ethics functions as an enforcement body only for Ministers. Meanwhile, Members of Parliament do not fall under the control of an enforcement body. However, the declarations made by Members of Parliament are publicly available on the website of parliament.


Quantitative Data

Primary Metric

2012201520162017Trend
Disclosure items15121212
Filing frequency25252525
Sanctions0000
Monitoring and Oversight12191919
Public access to declarations12121212

Alternative Metric

2012201520162017Trend
Head of State0000
Ministers19171717
Members of Parliament33383838
Civil servants0000

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate No. Absent from legal framework.
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets No. Absent from legal framework.
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework.
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability No. Absent from legal framework.
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Ministers

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate No. Absent from legal framework.
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets No. Absent from legal framework.
Incompatibilities
Gifts received as a public official Yes. The gifts which ministers accept by virtue of their office shall be recorded and shall accrue to the ministry concerned. However, this does not apply to personal gifts of a minor nature. Subsection (e) further states that normally, ministers are not to accept courtesy trips from private entities unless duties of public office are part of the trip agenda. (Article 3 (d) of Ministerial Code of Conduct (2011, as in force in 2017))
Private firm ownership and/or stock holdings Yes. Ministers must provide information on any shared financial interests or similar connections which might lead to a conflict of interests. (Article 2 (c) of Ministerial Code of Conduct (2011, as in force in 2017))
Ownership of state-owned enterprises (SOEs) Yes. Ministers must provide information on any shared financial interests or similar connections which might lead to a conflict of interests. (Article 2 (c) of Ministerial Code of Conduct (2011, as in force in 2017))
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. A minister's work (generally in addition to being a member of the Althing) is considered a full-time position. Ministers are not to be engaged in any other work during this period.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. A minister's work (generally in addition to being a member of the Althing) is considered a full-time position. Ministers are not to be engaged in any other work during this period.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Any minister who has not filled out this form as a member of the Althing must do so immediately on taking office. (Article 2 (c) of Ministerial Code of Conduct (2011, as in force in 2017))
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified Yes. The Althing Secretariat, cf. (Article 2 (c) of Ministerial Code of Conduct (2011, as in force in 2017))
Enforcement body explicitly identified Yes. Coordinating Committee for Public Administration Ethics (Article 3 (b) and article 8 of Ministerial Code of Conduct (2011, as in force in 2017))
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability No. In consultation with the Cabinet, the Prime Minister may decide to call systematically for more information on ministers' shared interests which would be revealed to the general public. (Article 2 (c) of Ministerial Code of Conduct (2011, as in force in 2017))
Timing of information release specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Members of Parliament

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate Yes. Real estate, which is one-third or more of the shares or company in which the congressman has a quarter or more, other than property for personal use for the congressman and his family and the plot’s rights under such housing. The name and location of the estate property must be provided. (Article 4 (3) (a) of Disclosure Regulations for Members of Parliament and Senior Positions outside Parliament (2011, as in force in 2017) )
Movable assets No. Absent from legal framework.
Cash Yes. Contribution or other financial support from domestic and foreign legal entities and individuals, including support in the form of a secretariat or similar services, which falls outside the support of the parliament or party MP provider, and value the support of more than 50 thousand. kr. year. Furthermore, registered financial support in the form of a discount on the market and other forms of preferential value of more than 50 thousand. kr. which is expected to be given to member of parliament. (Article 4 (2) (a) of Disclosure Regulations for Members of Parliament and Senior Positions outside Parliament (2011, as in force in 2017))
Loans and Debts Yes. Administration of residual debt and preferential changes in the terms of an agreement with creditors. When declared files must be of the creditors and should include the nature of the contract. (Article 4 (2) (d) of Disclosure Regulations for Members of Parliament and Senior Positions outside Parliament (2011, as in force in 2017))
Income from outside employment/assets Yes. Gainful board or directorship in private or public companies, paid employment or assignment (other than salaried jobs MP), activities run alongside work and income generating for the member or association which he himself or a partner in. (Article 4 (1) of Disclosure Regulations for Members of Parliament and Senior Positions outside Parliament (2011, as in force in 2017) )
Incompatibilities
Gifts received as a public official Yes. Gifts from domestic and foreign legal entities and individuals with estimated value of over 50 thousand kr. and the gift is given out for sitting in parliament. (Article 4 (2) (b) of Disclosure Regulations for Members of Parliament and Senior Positions outside Parliament (2011, as in force in 2017))
Private firm ownership and/or stock holdings Yes. The name of the company, savings bank or a private foundation in business, as representing the object and exceeds any of the following criteria is to be declared: i. The market value amounts to more than 1 million. kr. at 31 December each year; ii. Share of 1% or more of a company, or a private savings as assets at year-end are 230 million. kr. or more or income 460 million. kr. or more.; iii. Share of 25% or more of the capital or capital company, savings bank or a private foundation. (Article 4 (3) (b) of Disclosure Regulations for Members of Parliament and Senior Positions outside Parliament (2011, as in force in 2017) )
Ownership of state-owned enterprises (SOEs) Yes. The name of the company, savings bank or a private foundation in business, as representing the object and exceeds any of the following criteria is to be declared: i. The market value amounts to more than 1 million. kr. at 31 December each year.; ii. Share of 1% or more of a company, or a private savings as assets at year-end are 230 million. kr. or more or income 460 million. kr. or more.; iii. Share of 25% or more of the capital or capital company, savings bank or a private foundation. (Article 4 (3) (b) of Disclosure Regulations for Members of Parliament and Senior Positions outside Parliament (2011, as in force in 2017))
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. The amounts or value of the agreements with the future employer, regardless if the appointment takes effect after the MP leaves parliament are not to be declared. (Article 4 (4) (b) of Disclosure Regulations for Members of Parliament and Senior Positions outside Parliament (2011, as in force in 2017) )
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Congressmen shall within one month of the newly elected Congress convenes publish reports on the financial interests of trust and outside the Assembly. (Article 2 of Disclosure Regulations for Members of Parliament and Senior Positions outside Parliament (2011, as in force in 2017))
Filing required upon leaving office No. Absent from legal framework.
Filing required annually Yes. For assets, the name of the company, savings bank or a private foundation in business, representing the object and exceeding any of the following criteria is to be declared: i. The market value amounts to more than 1 million. kr. at 31 December each year ii. Share of 1% or more of a company, or private savings as assets at year-end are 230 million. kr. or more or income of 460 million. kr. or more iii. Share of 25% or more of the capital or capital company, savings bank or a private foundation. (Article 4 (3) (b) of Disclosure Regulations for Members of Parliament and Senior Positions outside Parliament (2011, as in force in 2017))
Ad hoc filing required upon change in assets or conflicts of interest Yes. Congressmen must maintain their registration by registering new information and additional information within one month of its conclusion. (Article 2 of Disclosure Regulations for Members of Parliament and Senior Positions outside Parliament (2011, as in force in 2017))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified Yes. Parliamentary Office (Article 3 of Disclosure Regulations for Members of Parliament and Senior Positions outside Parliament (2011, as in force in 2017))
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability Yes. Registration after the elections shall be made publicly available within 20 working days after the deadline for registration is expired and the information shall be removed from the site when Parliament resigns. The same applies when a substitute or minister who is also an MP resigns. (Article 4 (6) of Disclosure Regulations for Members of Parliament and Senior Positions outside Parliament (2011, as in force in 2017))
Timing of information release specified Yes. Registration after the elections shall be made publicly available within 20 working days after the deadline for registration is expired and the information shall be removed from the site when Parliament resigns. The same applies when a substitute or minister who is also an MP resigns. (Article 4 (6) of Disclosure Regulations for Members of Parliament and Senior Positions outside Parliament (2011, as in force in 2017))
Cost of access specified No. Absent from legal framework.

Civil servants

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate No. Absent from legal framework.
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets No. Absent from legal framework.
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework.
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability No. Absent from legal framework.
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Qualitative data for 2017


Legislation

Disclosure Regulations for Members of Parliament and Senior Positions outside Parliament, 2011 (Icelandic)pdf
Ministerial Code of Conduct, regulation 360/2011 (English)pdf

Conflict of Interest

As financial disclosure legislation on MPs is more extensive, no laws apply to them in the area of conflicts of interests. However, some restrictions are in place for other public officials. The Constitution (1944, last amended 2013) prevents the President from pursuing any paid employment in the interest of a public institution or private enterprise. The Ministerial Code of Conduct (2011) includes a general guideline for Ministers to avoid that conflicts of interests affect their work. Ministers may not pursue additional employment, including advisory positions, during their tenure. Civil Servants face no general restrictions on conflicts of interests. According to the Code of Conduct for Staff in the Government Offices (2012) they may not accept valuable gifts and must ensure that no family or friendly relation affects their work. The Government Office staff is also charged with preventing family relations from making an impact.

However, no sanctions are specified for behavior that would violate conflicts of interests. Only the Ministerial Code of Conduct makes a reference to monitoring and enforcement. While the Althing Secretariat and Prime Minister decide which data must be submitted by Ministers and provide guidance, the Coordinating Committee for Public Administration Ethic is responsible for reacting to infringements of the Ministerial Code of Conduct. No such bodies are specified for any other public officials. 


Quantitative Data

Primary Metric

2012201520162017Trend
Restrictions18181818
Sanctions0000
Monitoring and Oversight25252525

Alternative Metric

2012201520162017Trend
Head of State10101010
Ministers47434343
Members of Parliament0000
Civil servants0333

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. The President of the Republic may not accept paid employment in the interest of any public institution or private enterprise. (Article 9 Constitution of the Republic of Iceland (1944, last amended 2013) )
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. The President of the Republic may not be a Member of Althingi. (Article 9 Constitution of the Republic of Iceland (1944, last amended 2013) )
Participating in official decision-making processes that affect private interests Yes. The President of the Republic may not be a Member of Althingi or accept paid employment in the interest of any public institution or private enterprise. (Article 9 Constitution of the Republic of Iceland (1944, last amended 2013) )
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Ministers

Restrictions

General restriction on conflict of interest Yes. Ministers shall avoid any conflict of interests and not allow personal connections to affect their work and they must provide information on any shared financial interests or similar connections which might lead to a conflict of interests. (Article 2 Ministerial Code of Conduct (regulation no. 360/2011))
Accepting gifts No. The gifts which ministers accept by virtue of their office shall be recorded and shall accrue to the ministry concerned. However, this does not apply to personal gifts of a minor nature. (Article 3 (d) Ministerial Code of Conduct (regulation no. 360/2011))
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. A minister's work (generally in addition to being a member of the Althing) is considered a full-time position. Ministers are not to be engaged in any other work during this period. (Article 3 (a) Ministerial Code of Conduct (regulation no. 360/2011))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. Ministers are entitled to a seat in Althingi (Parliament) and, by virtue of their office, have the right to participate in its debates as often as they may desire, but they must observe the rules of procedure. They have the right to vote only if they are at the same time Members of Althingi. (Article 51 Constitution of the Republic of Iceland (1944, last amended 2013) )
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Ministers shall endeavour to ensure that staff are appointed to office according to merit (Article 2 (b) Ministerial Code of Conduct (regulation no. 360/2011))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. Althing Secretariat, the Prime Minister: In consultation with the Cabinet, the Prime Minister may decide to call systematically for more information on ministers' shared interests which would be revealed to the general public (for information tracking) and the Coordinating Committee for Public Administration Ethics to provide guidance. (Article 2 (c) Ministerial Code of Conduct (regulation no. 360/2011) Article 8 (a) Ministerial Code of Conduct (regulation no. 360/2011))
Enforcement body specified (sanctions, hearings) Yes. Coordinating Committee for Public Administration Ethic shall promote coordinated responses to any information on infringements of conduct codes or on risks of corruption within the national government. (Article 8 (a) Ministerial Code of Conduct (regulation no. 360/2011))

Members of Parliament

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Civil servants

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts Yes. Staff shall never personally accept any valuable gifts on account of their work. (Article 2 (d) Code of Conduct for Staff in the Government Offices of Iceland (2012))
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Government Office staff shall take care that Noinvolvement with family relations, friends or interests affects their work and should there be a risk of any such involvement resulting in a conflict of interests, the staff member shall inform her/his immediate superior, with both of them ensuring that the provision of this information is entered in the Document Registry. (Article 3 (a and b) Code of Conduct for Staff in the Government Offices of Iceland (2012))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Qualitative data for 2017


Legislation

Code of Conduct for Staff in the Government Offices of Iceland, 2012 (English)pdf
Constitution, 1944, amended 1999 (English)pdf
Ministerial Code of Conduct, regulation 360/2011 (English)pdf

Freedom of Information

Iceland’s freedom of information regime is established by Information Act No 140 (2012, amended 2016), which establishes the right to information and lays out implementing measures. The law applies to all government activities, thus excluding parliamentary and judicial activities from its scope. Any legal entity in which 51% or more shares are owned by the state is covered by the law, along with private enterprises that perform statutory roles or provide statutory services.

Specific exemptions to disclosure are outlined in the aforementioned FOI law, the Act on the Protection of Privacy as regards the Processing of Personal Data, No. 77/2000, and Administrative Procedures Act No. 37/1993. No public interest test exists whereby exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

The Information Committee hears appeals against rejected information requests and issues legally binding rulings enforcing disclosure. Appeals are not accepted at public agencies or in the courts.

There are no sanctions specified in the law for violations of FOI provisions except in the cases of substantial resulting damage, nor are there any enforcement or oversight bodies tasked with managing implementation.


Quantitative Data

Primary Metric

2012201520162017Trend
Scope and Coverage69878787
Information access and release42252525
Exceptions and Overrides50505050
Sanctions for non-compliance33000
Monitoring and Oversight17171717

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. The right of access to material shall apply to: 1. all of the material related to a matter, including copies of correspondence sent by a government authority or other entity according to Chapter I, if this correspondence may be expected to have reached the recipient, (Article 5 Information Act No 140/2012, amended 2016)
"Information" or "Documents" is defined Yes. The right of access to material shall apply to: 1. all of the material related to a matter, including copies of correspondence sent by a government authority or other entity according to Chapter I, if this correspondence may be expected to have reached the recipient, (Article 5 Information Act No 140/2012, amended 2016)
Proactive disclosure is specified Yes. Government authorities (ie legal entities in which a share of 51% or more is in public ownership) must regularly provide the public with information on government activities, for instance by publishing reports electronically, summarising important programmes or publishing other types of material. This information should increasingly be available electronically. (Article 13 Information Act No 140/2012, amended 2016)

Coverage of public and private sectors

Executive branch Yes. The law applies to all government activities. (Article 2 Information Act No 140/2012, amended 2016 Article 7 Act on the Government of Iceland no. 115 2011 as amended 2016)
Legislative branch No. Absent from legal framework. ( )
Judicial branch No. Absent from legal framework. ( )
Other public bodies Yes. Any legal entity in which 51% or more shares are owned by the state is covered by the law. (Article 2 Information Act No 140/2012, amended 2016 Article 7 Act on the Government of Iceland no. 115 2011 as amended 2016)
Private sector Yes. Private enterprises that perform statutory roles or provide statutory services are covered (except those which have applied for or received an official listing of shares according to the Act on Stock Exchanges, or their subsidiaries). (Article 2 and Article 3 Information Act No 140/2012, amended 2016)

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments Yes. As government ministries are covered by the FOIA, so draft legislation would be covered. In practice draft legislation is often actively published on Ministry websites. (Article 2 Information Act No 140/2012, amended 2016 Article 7 Act on the Government of Iceland no. 115 2011 as amended 2015)
Enacted legal instruments Yes. All laws must be published under the Constitution. In addition, as government ministries are covered by the FOIA, so enacted laws would be covered. (Article 27 Constitution No. 33/1944, amended 2013 Article 2 Information Act No 140/2012, amended 2016)
Annual budgets Yes. The budgets of a wide range of (but not all) public bodies are presented to the parliament by the Minister of Finance each year in a bill on public finances. This is accompanied by a projection of government finances for the next 3 years. In addition, all government authorities covered by the FOIA would be required to reveal their budgets and accounts under that law. (Article 21 and Article 28 Government Financial Reporting Act No. 88/1997, amended 2011 Article 2 Information Act No 140/2012, amended 2016 )
Annual chart of accounts (actual expenditures) Yes. A specified group of bodies – including the Office of the President, the parliament, the Cabinet and the Supreme Court, the ministries and government agencies, and non-government entities that are funded by or legally responsible to the Treasury – must report their accounts to the Financial Management Authority (FJS), National Audit Bureau and the relevant Ministry. As these 3 latter bodies are covered by the FOIA, the accounts would be available. In addition, all government authorities covered by the FOIA would be required to reveal their budgets and accounts under that law. (Article 20 Government Financial Reporting Act No. 88/1997, amended 2011 Article 2 Information Act No 140/2012, amended 2016)
Annual reports of public entities and programs Yes. Government authorities must regularly provide the public with information on government activities, for instance by publishing reports electronically, summarising important programmes or publishing other types of material. This information should increasingly be available electronically. (Article 13 Information Act No 140/2012, amended 2016)

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) Yes. The law refers to "the public" and doesn't specify who that covers. It doesn't preclude any particular groups so it can be assumed that there is universal access. (Article 5 Information Act No 140/2012, amended 2016)
Type of request is specified (written, electronic, oral) No. The law doesn't specify how the request must be made, just that the application must clear enough to understand what is needed, without significant effort. The applicant might be required to use a form but it does not specify how that should be submitted (ie written, electronic). (Article 15 Information Act No 140/2012, amended 2016)
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) No. Absent from legal framework.
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. Fees for copying and expenses for equipment and staff work must be covered according to a schedule set out by the “Minister”. Prepayment may be demanded if the cost of copying or photocopying can be foreseen to exceed ISK 10,000 (c.€70). It has not been possible to locate this cost schedule. (Article 18 Information Act No 140/2012, amended 2016)

Deadlines for release of information

20-day response deadline No. Requests should be dealt with "as soon as possible". If the information requested is not provided within 7 days, applicants must be told why and given an expected delivery date. There is no fixed maximum timeframe. For research materials, the request must be responded to within 20 days. (Article 17 Information Act No 140/2012, amended 2016)
Agency granted right to extend response time No. There is no set maximum timeframe or, therefore, provision to extend.
Maximum total response time of no more than 40 days No. There is no set maximum timeframe - just a recommendation to respond "as soon as possible" and to provide a reason and expected response date if it takes over 7 days. (Article 17 Information Act No 140/2012, amended 2016)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law No. Absent from legal framework.
Existence of personal privacy/data law Yes. There is a data protection law and the Constitution provides for a right to privacy. (Act on the Protection of Privacy as regards the Processing of Personal Data, No. 77/2000, amended 2014 Article 71 Constitution No. 33/1944, amended 2013)
Specific exemptions to disclosure Yes. Material exempted from the right to information includes minutes and preparatory documents for State Council and Cabinet meetings (except agendas), memoranda at ministerial meetings, preparatory financial material of local authorities, correspondence with experts for use in or about legal proceedings, material related to personnel matters, working documents, personal private or financial information, financial or commercial interests of businesses or other legal entities. It also includes documents containing information on state security or defence issues, relations with other States or international organisations, economically significant State interests, the business of State-owned or municipally owned institutions or companies insofar as they are competing with other bodies, environmental matters. In some cases access to information on an administrative case can be restricted. (Articles 6-10 Information Act 140/2012 , amended 2016 Article 21 Act on the Protection of Privacy as regards the Processing of Personal Data No. 77/2000, amended 2014 Article 17 Administrative Procedures Act No. 37/1993, amended 2016)
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities No. Absent from legal framework.
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. Yes. Refusal of a request for access to material according to the Information Act may be referred to an Information Committee, which shall rule on the dispute. (Article 20 Information Act No 140/2012, amended 2016)
Judicial appeals mechanism No. Absent from legal framework.

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements No. The Information Committee can force a public body to disclose information through legally binding rulings. (Article 23 Information Act No 140/2012, amended 2016)
Fines are specified for violations of disclosure requirements No. Absent from legal framework.
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework.

Monitoring and Oversight

Information officers must be appointed in public agencies No. Absent from legal framework.
Public body that is responsible for applying sanctions Yes. The Information Committee hears appeals against rejected information requests and issues legally binding rulings enforcing disclosure. (Article 22 and Article 23 Information Act No 140/2012, amended 2016)
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework.
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. No. Absent from legal framework.
Ombudsman involvement in implementation is specified by law No. Absent from legal framework.
Reporting of data and/or implementation is required No. Absent from legal framework.

Qualitative data for 2017


Legislation

Information Act No 140/2012, amended 2016 (Icelandic)pdf
Act on the Government of Iceland no. 115 2011, amended 2015 (Icelandic)pdf
Constitution No. 33/1944, amended 2013 (Icelandic)pdf
Government Financial Reporting Act No. 88/1997, amended 2011 (Icelandic)pdf
Protection of Privacy as regards the Processing of Personal Data, No. 77/2000, amended 2014 (Icelandic)pdf
Administrative Procedures Act No. 37/1993, amended 2016 (Icelandic)pdf

Public Procurement

The Icelandic public procurement system is regulated by the Act No. 84/2007 on Public Procurement (last amended in 2013), and additional regulations are laid down in Government Decrees. The public procurement body (central purchasing unit) is the State Trading Centre (Ríkiskaup) which is an organization under the Ministry of Finance.

The lowest minimum thresholds for conducting a public procurement tender are:

▪         ISK 11,500,000 (ca. EUR 91000) for goods

▪         ISK 49,000,000(ca. EUR 400,000) for works

▪         ISK 11,500,000 (ca. EUR 91000) for services

The minimum number of bidders is 5 for restricted procedures and 3 for negotiated procedures and competitive dialogue. The minimum submission period is 15 days for open procedures, 15 days for restricted procedures and 15 for negotiated procedures from the call for tender publication date. The final beneficial owners do not have to be disclosed when placing a bid.

There is a possibility for preferential treatment, as green/sustainability aspects can be considered during the awarding procedure, though no specific provisions for SMEs. There are also several options for bid exclusion: participation in a criminal organization, corruption, fraud, money laundering, bankruptcy, professional misconduct, outstanding tax or social security liabilities, false information. Bids can be also excluded because of abnormally low bid prices.

In the bid evaluation phase, there is no separate conflict of interest regulation on the composition of the evaluation committee and, for most cases, there is no specific provision on the independence of the evaluation committee at the contracting authority.

There is a payable fee in case of an arbitration procedure that is a standard ISK 150,000 (ca. EUR 1100) and the decisions are published as the rulings of the Public Procurement Complaints Commission.


Quantitative Data

Primary Metric

2012201520162017Trend
Scope737072
Information availability181818
Evaluation757575
Open competition222256
Institutional arrangements363636

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) ISK 15500000. Any public procurement of supplies and services exceeding ISK 15,500,000 and procurement of works exceeding ISK 49,000,000 shall be put up for tender and made in accordance with the procurement procedures stipulated in Chapter IV. Threshold amounts for procurement of public service contracts relating to social services and other specialised services according to Chapter VIII shall comply with paragraph 4. Amounts according to paragraph 1 may be revised every other year in accordance with changes to the consumer price index, the first revision taking effect on 1 January 2018. ( Article 23 of Act No. 120/2016 on Public Procurement)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) ISK 49000000. Any public procurement of supplies and services exceeding ISK 15,500,000 and procurement of works exceeding ISK 49,000,000 shall be put up for tender and made in accordance with the procurement procedures stipulated in Chapter IV. Threshold amounts for procurement of public service contracts relating to social services and other specialised services according to Chapter VIII shall comply with paragraph 4. Amounts according to paragraph 1 may be revised every other year in accordance with changes to the consumer price index, the first revision taking effect on 1 January 2018. ( Article 23 of Act No. 120/2016 on Public Procurement)
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) ISK 15500000. Any public procurement of supplies and services exceeding ISK 15,500,000 and procurement of works exceeding ISK 49,000,000 shall be put up for tender and made in accordance with the procurement procedures stipulated in Chapter IV. Threshold amounts for procurement of public service contracts relating to social services and other specialised services according to Chapter VIII shall comply with paragraph 4. Amounts according to paragraph 1 may be revised every other year in accordance with changes to the consumer price index, the first revision taking effect on 1 January 2018. ( Article 23 of Act No. 120/2016 on Public Procurement)

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) ISK 15500000. Any public procurement of supplies and services exceeding ISK 15,500,000 and procurement of works exceeding ISK 49,000,000 shall be put up for tender and made in accordance with the procurement procedures stipulated in Chapter IV. ( Article 23 of Act No. 120/2016 on Public Procurement)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) ISK 15500000. Any public procurement of supplies and services exceeding ISK 15,500,000 and procurement of works exceeding ISK 49,000,000 shall be put up for tender and made in accordance with the procurement procedures stipulated in Chapter IV. The provisions of Chapters XI and XII apply to the procurement of entities in charge of water, energy, transport and postal services that exceed the threshold amounts of the regulation issued by the Minister for procurements in this field. Otherwise this Act does not cover such procurements if contracts are awarded on account of water suppliers, energy suppliers, transport and postal services. ( Articles 9 and 23 of Act No. 120/2016 on Public Procurement)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) ISK 15500000. The Act does not apply to public contracts when they are declared to be secret, or when their performance must be accompanied by special security measures according to current legislation or administrative provisions, or when the protection of the essential interests of the State so requires. However, the provisions of Chapters XI and XII apply to procurement in the field of defence and security that exceed the threshold amounts of a regulation issued by the Minister regarding procurement in the field of defence and security. Hence, any public procurement of supplies and services exceeding ISK 15,500,000 and procurement of works exceeding ISK 49,000,000 shall be put up for tender and made in accordance with the procurement procedures stipulated in Chapter IV. (Articles 7 and 23 of Act No. 120/2016 on Public Procurement)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) ISK 15500000. Any public procurement of supplies and services exceeding ISK 15,500,000 shall be put up for tender and made in accordance with the procurement procedures stipulated in Chapter IV. ( Article 23 of Act No. 120/2016 on Public Procurement)
What are the minimum application thresholds for the procurement type? (Product type WORKS) ISK 49000000. Any public procurement of works exceeding ISK 49,000,000 shall be put up for tender and made in accordance with the procurement procedures stipulated in Chapter IV. ( Article 23 of Act No. 120/2016 on Public Procurement)
What are the minimum application thresholds for the procurement type? (Product type SERVICES) ISK 15500000. Any public procurement of supplies and services exceeding ISK 15,500,000 shall be put up for tender and made in accordance with the procurement procedures stipulated in Chapter IV. ( Article 23 of Act No. 120/2016 on Public Procurement)

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. All procurements by public authorities of supplies, services and works that exceed threshold amounts according to paragraphs 1 and 4 of Article 23, shall be advertised electronically at a common site that the minister shall stipulate through regulations. In addition any kind of procurements may be advertised in a conspicuous manner so that all interesting economic operators will be able to participate in the procurement procedures, cf. however Article 39 and paragraph 2 Article 54. The contract notice shall include sufficient information so that economic operators can decide if they wish to take part in the procurement procedures. Furhermore, the contracting authorities shall by electronic means offer unrestricted and full direct access free of charge to the procurement documents from the date of publication of a notice in accordance with Article 51 or the date on which an invitation to confirm interest was sent. In a notice or in an invitation to a participant the confirm interest it must be indicated where it is possible to obtain the procurement documents by electronic means. (Articles 55 and 60 of Act No. 120/2016 on Public Procurement)
Are any of these documents published online at a central place? Yes. Ríkiskaup, national public procurement portal, http://www.rikiskaup.is/english/nr/324
Is it mandatory to keep all of these records? -Public notices of bidding opportunities, -Bidding documents and addenda, -Bid opening records, -Bid evaluation reports, -Formal appeals by bidders and outcomes, -Final signed contract documents and addenda and amendments, -Claims and dispute resolutions, -Final payments, -Disbursement data (as required by the country’s financial management system No. (Article 96 of Act No. 120/2016 on Public Procurement)
Are contracts awarded within a framework agreement published (ie mini contracts)? No. (Article 96 of Act No. 120/2016 on Public Procurement)

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? No. The procurement documents must include a compulsory demand that the tenderer provides information on which parts of the contract he plans to make a third party implement as a subcontractor, and such information shall be put forward before the signing of the contract. The tenderer shall inform the client which subcontractors he plans to employ and seek the approval of the client before the subcontractor starts working. The contracting authority may at the same time demand that the tenderer provide a declaration of competence according to Article 73 for sub-contractors. If reasons for exclusion according to Article 68 apply to subcontractors the contracting authority shall, as the case may be, demand that a new subcontractor substitute the former. ( Article 88 of Act No. 120/2016 on Public Procurement)
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. ( )

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. The technical specifications shall be set out in the procurement documents. The technical specification shall lay down the characteristics required of a works, supply or service. Those characteristics may refer to the specific process or method of production or provision of the requested works, supplies or services or to a specific process for another stage of its life cycle even where such factors do not form part of their material substance provided that they are linked to the subject-matter of the contract and proportionate to its value and its objectives. The technical specifications may also specify whether the transfer of intellectual property rights will be required. Technical specifications shall afford equal access for economic operators. They may not have the effect of creating unjustified obstacles to the opening up of public procurement to competition. The contracting authority shall choose the most economically advantageous tender based on: 1. the lowest price, 2. the least cost, or 3. the best price/quality ratio. (Articles 49 and 79 of Act No. 120/2016 on Public Procurement)
Is there a preferential treatment for small-to-medium enterprises (SMEs)? No. Equal treatment, proportionality and transparency must be maintained in public procurement. Economic operators may not be discriminated against on grounds of nationality and neither is any unreasonable restricting of competition allowed. ( Article 15 of Act No. 120/2016 on Public Procurement)
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. Equal treatment, proportionality and transparency must be maintained in public procurement. Economic operators may not be discriminated against on grounds of nationality and neither is any unreasonable restricting of competition allowed. ( Article 15 of Act No. 120/2016 on Public Procurement)
Is there a specific set of rules for green/sustainable procurement? Yes. In terms of performance or functional requirements; the latter may include environmental characteristics. Where a contracting authority requires the production of certificates drawn up by independent bodies attesting that the economic operator complies with certain environmental management systems or standards, it shall refer to the Eco-Management and Audit Scheme (EMAS) of the European Union or to other environmental management systems as recognised in accordance with the pertinent regulation or other environmental management standards based on the relevant European or international standards by accredited bodies. (Article 49b, 50, 66, 68a, 75, 79a, 80b, 87 of Act No. 120/2016 on Public Procurement)

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. Any candidate or tenderer who has been the subject of a conviction by final judgment for the following offences shall be excluded from participation in procurement procedures: a. participation in a criminal organisation, b. corruption, c. fraud, d. terrorist offences or offences linked to terrorist activities e. money laundering or terrorist financing, f. child labour and other forms of trafficking in human beings. Furthermore, contracting authorities may exclude from participation in a procurement procedure any economic operator in any of the following situations: a. Economic operator has violated applicable national or international obligations in the fields of environmental, social and labour law and collective agreements and the contracting authority is able to demonstrate this. b. The economic operator is bankrupt, or is being wound up, where he has entered into an arrangement with creditors, or has entered into another similar situation. c. It is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding-up or for an arrangement with creditors or has entered into another similar situation. d. The economic operator has been guilty of grave professional misconduct proven by any means which the contracting authorities can demonstrate. e. Where the contracting authority has sufficiently plausible indications to conclude that the economic operator has entered into agreements with other economic operators aimed at distorting competition; f. Where there is a conflict of interest in the procurement procedures which cannot be effectively remedied by other less intrusive measures. g. The prior involvement of the economic operator in the preparation of the procurement procedure, as referred to in Article 46, is thought to disrupt competition and cannot be remedied by other, less intrusive measures. h. Where the economic operator has shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract, which led to early termination of that prior contract, a claim for damages or other comparable sanctions. i. The economic operator has been guilty of serious misrepresentation in supplying the information required, has withheld such information or is not able to submit the supporting documents required pursuant to Article 73, all of which would be necessary for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria. j. The economic operator has undertaken to unduly influence the decision-making process of the contracting authority, to obtain confidential information that may confer upon it undue advantages in the procurement procedure or to negligently provide misleading information that may have a material influence on decisions concerning exclusion, selection or award. ( Article 68 of Act No. 120/2016 on Public Procurement)
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. No. The contracting party is required to reason the decision of declining an offer on the basis of it being unnaturally low. If a tender appears to be unnaturally low compared to the work, supplies or services, the contracting authority shall request that the tenderer explain the price or the cost that is indicated in the tender. The contracting authority shall evaluate the information that is presented through discussions with the tenderer. A tender may only be rejected on this basis if the documentary proof that is submitted does not clarify in an acceptable manner the low price or costs that is suggested, when taking into consideration the issues that are mentioned in paragraph 1. ( Article 81 of Act No. 120/2016 on Public Procurement)
Is scoring criteria published? Yes. The contracting authority shall choose the most economically advantageous tender based on: 1. the lowest price, 2. the least cost, or 3. the best price/quality ratio. The contracting authority shall specify in the procurement documents the relative weightings of each criterion that forms the basis of the choice of the most economically advantageous tender, except when the choice of a tender is solely based on price. Those weightings can be expressed by providing for a range with an appropriate maximum spread. If it is impossible to specify a certain weighting for award criteria due to objective reasons the criteria must be prioritised depending on their importance. (Articles 47m and 79 of Act No. 120/2016 on Public Procurement)
Are decisions always made by a committee? No. In case of a design contest, there is a jury that decides and which is composed exclusively of natural persons who are independent of participants in the contest. Where a particular professional qualification is required from participants in a contest, at least a third of the members of the jury shall have that qualification or an equivalent qualification. The jury shall be autonomous in its decisions or opinions. In case of other procurement methods, there is no express provision about this matter in the Act No. 120/2016 on Public Procurement. (Article 44 of Act No. 120/2016 on Public Procurement)
Are there regulations on evaluation committee composition to prevent conflict of interest? No. In case of design contests, the jury shall be composed exclusively of natural persons who are independent of participants in the contest. For other procurement processes, there is no specification on who shall evaluate the tender. (Article 44 of Act No. 120/2016 on Public Procurement)
Is some part of evaluation committee mandatorily independent of contracting authority? No. For design contests, the jury shall be autonomous in its decisions or opinions. It shall examine the plans and projects submitted by the candidates solely on the basis of the criteria indicated in the contest notices. It shall record its ranking of projects in a report, signed by all of its members, made according to the merits of each project, together with its remarks and any points which may need clarification. Candidates may be given the opportunity to answer questions which the jury has recorded in the minutes to clarify any aspects of the projects. Complete minutes shall be drawn up of the dialogue between jury members and candidates. However, for other procurement there is no specificaton on who should evaluate the tender. (Article 44 of Act No. 120/2016 on Public Procurement)
Are scoring results publicly available? No. Such information is not made publicly available. (Article 85 of Act No. 120/2016 on Public Procurement)
Does the law specify under which conditions the tender can be cancelled? Yes. The Public Procurement Complaints Commission shall declare a contract to be inactive in the following instances: a. When a contract, including a contract that comes under rules on the awarding of concession contracts for works and design competitions, has been awarded without duly authorised advertisement in contradiction to this present Act, or rules issued according to this Act. b. When a contract has been awarded during the standstill period according to Article 86, or while there is a temporary halt in the negotiations, according to Article 107, so that 1. the complainant was unable to seek remedial action through making a complaint prior to the awarding of the contract, 2. it is on the record that there has been a violation of this Act, or of rules issued according to this Act, and 3. the nature of the violation was such that the violation could affect the complainant's possibilities to be awarded the contract c. When a contract, exceeding the threshold amounts, according to paragraph 4 of Article 23, has been awarded on the basis of the framework agreement contravening the provisions of paragraph 5 of Article 40, or through a dynamic purchasing systems according to paragraph 5 of Article 41. d. When a contract has been awarded although procurement procedures, a tendering process or the awarding has been temporarily suspended by the Public Procurement Complaints Commission according to Article 110. (Article 115 of Act No. 120/2016 on Public Procurement)

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. All procurements by public authorities of supplies, services and works that exceed threshold amounts according to paragraphs 1 and 4 of Article 23, shall be advertised electronically at a common site that the minister shall stipulate through regulations. In addition any kind of procurements may be advertised in a conspicuous manner so that all interesting economic operators will be able to participate in the procurement procedures. Furthermore, announcements and notices must be sent by electronic means to the Publications Office of the European Union and the contracting authority shall be able to demonstrate what day the notice was sent to the Publications Office. (Articles 55 and 56 of Act No. 120/2016 on Public Procurement)
Does the law specify the location for publicizing restricted calls for tenders? Yes. All procurements by public authorities of supplies, services and works that exceed threshold amounts according to paragraphs 1 and 4 of Article 23, shall be advertised electronically at a common site that the minister shall stipulate through regulations. In addition any kind of procurements may be advertised in a conspicuous manner so that all interesting economic operators will be able to participate in the procurement procedures. Furthermore, announcements and notices must be sent by electronic means to the Publications Office of the European Union and the contracting authority shall be able to demonstrate what day the notice was sent to the Publications Office. (Articles 55 and 56 of Act No. 120/2016 on Public Procurement)
Does the law specify the location for publicizing negotiated calls for tenders? Yes. All procurements by public authorities of supplies, services and works that exceed threshold amounts according to paragraphs 1 and 4 of Article 23, shall be advertised electronically at a common site that the minister shall stipulate through regulations. In addition any kind of procurements may be advertised in a conspicuous manner so that all interesting economic operators will be able to participate in the procurement procedures. Furthermore, announcements and notices must be sent by electronic means to the Publications Office of the European Union and the contracting authority shall be able to demonstrate what day the notice was sent to the Publications Office. (Articles 55 and 56 of Act No. 120/2016 on Public Procurement)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? 5. (Article 78 of Act No. 120/2016 on Public Procurement)
What is the minimum number of bidders for negotiated procedures? 3. (Article 78 of Act No. 120/2016 on Public Procurement)
What is the minimum number of bidders for competitive dialogue procedures? 3. (Article 78 of Act No. 120/2016 on Public Procurement)

Bidding period length

What are the minimum number of days for open procedures? 15. Time limit for submission of tenders in open procedures exceeding national threshold limits shall be a minimum of 15 calendar days. Time limit for submission of tenders in open procedure exceeding threshold limits in the European Economic Area shall be at least 35 calendar days. If there is an urgent need to accelerate the tender procedure the contracting authority may derogate from the time limits that are stated in this provision. However, the time limit for submitting tenders may never be shorter than 7 calendar days in the first case and 15 calendar days (from the publication of the notice) in the second case. (Article 58 of Act No. 120/2016 on Public Procurement)
What are the minimum number of days for restricted procedures? 15. The deadline for submitting requests to participate in pre-selection for restricted procedures, competitive procedures, negotiated procedures and innovation partnership exceeding national threshold amounts shall be at least 15 calendar days from the publication of the contract notice. It is however permitted to shorten time limits for submitting a request for participation by 5 days if one can submit a request by electronic means according to Article 22. Time limits for submitting requests for participation in a pre-selection procedure for restricted procedure, competitive procedure with negotiation, negotiated procedure and innovation partnership that is exceeding threshold mounts for the EEA shall be at least 30 calendar days from the publication of the contract notice. If there is an urgent need to accelerate the tender procedure the contracting authority may derogate from the time limits that are stated in this provision. However, time limits for submission of requests may never be shorter than: a. 15 calendar days from the publication of the notice, for participation in procedures that exceed threshold mounts for the EEA; and b. 7 calendar days, for parties selected in a pre-selection process for restricted procedure, or competitive procedure. (Article 59 of Act No. 120/2016 on Public Procurement)
What are the minimum number of days  for competitive negotiated procedures? 15. The deadline for submitting requests to participate in pre-selection for restricted procedures, competitive procedures, negotiated procedures and innovation partnership exceeding national threshold amounts shall be at least 15 calendar days from the publication of the contract notice. It is however permitted to shorten time limits for submitting a request for participation by 5 days if one can submit a request by electronic means according to Article 22. Time limits for submitting requests for participation in a pre-selection procedure for restricted procedure, competitive procedure with negotiation, negotiated procedure and innovation partnership that is exceeding threshold mounts for the EEA shall be at least 30 calendar days from the publication of the contract notice. If there is an urgent need to accelerate the tender procedure the contracting authority may derogate from the time limits that are stated in this provision. However, time limits for submission of requests may never be shorter than: a. 15 calendar days from the publication of the notice, for participation in procedures that exceed threshold mounts for the EEA; and b. 7 calendar days, for parties selected in a pre-selection process for restricted procedure, or competitive procedure. (Article 59 of Act No. 120/2016 on Public Procurement)

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. This Act does not apply to service contracts for: a. The acquisition or rental, by whatever financial means, of land, existing buildings or other immovable property or concerning rights thereon. b. The acquisition, development, production or co-production of programme material intended for radio or television, and contracts for broadcasting time. c. Arbitration and conciliation processes. d. The representation of an advocate on behalf of his client, or settlement proceedings before public institutions, courts of law or before an arbitral tribunal, or before other international courts or agencies. e. Legal consultation is provided during the preparation of proceedings, acc. to subparagraph-d. f. Legal services that a trustee, or that a court appointed representative, or one appointed under the supervision of a court of law, provide according to law. g. The certification of documents and authentication services provided by a notary public. h. Other legal services that are connected with the application of government power. i. Financial services in connection with the issue, sale, purchase or transfer of securities or other similar financial instruments. j. Loans whether they are or are not connected with the issue, sale, purchase or transfer of securities or other financial instruments. k. Contracts of employment. l. Civil protection and other danger prevention services provided by agencies or nonprofit organisations, with the exception of ambulance services. m. Passenger rail transport or by underground metro. n. Services provided to a political party during a political campaign. o. Research and development of services other than those where the benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs, on condition that the service provided is wholly remunerated by the contracting authority. ( Article 11 of Act No. 120/2016 on Public Procurement)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. Public authorities: the State, local authorities, their institutions and other public entities, associations formed by one or more of such authorities. An entity is considered public if it is governed by public law and if it has been established for the specific purpose of meeting needs in the general interest, provided it does not conduct operations that may be compared with the operation of private entities, such as in the field of business or industry. ( Article 3 of Act No. 120/2016 on Public Procurement)
Does the law specify the main procedure types or procurement methods permitted? Yes. Open, restricted, negotiated, competitive dialogue, design contest (Article 2 of Act No. 120/2016 on Public Procurement)
Is there a procurement arbitration court dedicated to public procurement cases? Yes. Public Procurement Complaints Commission (Article 103 of Act No. 120/2016 on Public Procurement)
Is there a procurement regulatory body dedicated to public procurement? Yes. State Trading Centre (Ríkiskaup), which is a central purchasing authority in Ministry of Finance. (Article 99 of Act No. 120/2016 on Public Procurement)
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? No. The only provision that exists is about the design contests and the members of the jury. Where a particular professional qualification is required from participants in a contest, at least a third of the members of the jury shall have that qualification or an equivalent qualification. Furthermore, two members of the Public Procurement Complaints Commission and their alternates shall fulfil the legal requirements in to hold the office of a district judge. (Articles 44 and 103 of Act No. 120/2016 on Public Procurement)
Is disclosure of final, beneficial owners required for placing a bid? No. (No mention in the law)

Complaints

Is there a fee for arbitration procedure? Yes. For each complaint there is a complaints fee of ISK 150,000. (Article 106 of Act No. 120/2016 on Public Procurement)
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. If a complaint regarding a decision to award a contract is lodged within the statutory standstill period, according to Article 86, then the awarding of the contract is not permitted until the Complaints Commission has finally resolved the complaint. The automatic stop of the awarding of the contract because of a complaint becomes activated when the contracting authority should know about the complaint, whether it is because of the notice from the complainant according to paragraph 2 of Article 106, or because of the notice from the Complaints Commission according to paragraph 1 of Article 108. (Article 107 of Act No. 120/2016 on Public Procurement)
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? 30. The Complaints Commission must deliver its ruling on a complaint as rapidly as possible, but no later than one month after it receives the comments of the complainant, if applicable. (Article 108 of Act No. 120/2016 on Public Procurement)
Is there a requirement to publicly release arbitration court decisions ? No. ( )

Qualitative data for 2017


Legislation

Public Procurement Act No. 84 2007, amended 2014 (English)pdf
Public Procurement Act No. 84 2007, amended 2015 (English)pdf
Public Procurement Act No. 120 2016 (English)pdf