The Federal Government is reviewing rules around public tenders to keep out companies that are not reliable or cannot guarantee data security to prevent espionage and sabotage from abroad.
There are certain government contracts for public tenders, such as for the installation of cameras or the delivery of scanners for customs and borders which carry a risk of espionage and sabotage by powers from abroad, especially those with a history of foreign interference. For these contracts, State Security has worked out new rules to minimise that risk.
"We have already seen several files in recent years where there are certain risks. We should not be naive about that," said Justice Minister Vincent Van Quickenborne, adding that Belgium must guard its strategic independence, "given the geopolitical developments of recent years," referring to the Russian war on Ukraine and the economic race with China as exponents.
"Free competition in public procurement is important, but it should not blind us to risks when it comes to our national security and strategic interests," he said. Companies that jeopardise this safety can from now on be more easily excluded from public tenders.
Scan for risks
As part of the tightening of these rules, ratified on Wednesday by the Council of Ministers, it will be mandatory for all government departments to carry out a quick scan to check whether a tender poses a risk to national security.
If this shows that it poses a risk to whether the public contract falls under the Defence & Security Act, which is the case if it involves supplies, works or services related to military or sensitive purposes, the law allows the exclusion of companies that are not sufficiently reliable or that cannot guarantee data security obligations.
"There are also specific provisions for companies from third countries, which may limit the award to companies from the European Economic Area," the Justice Department noted.
Even when the public contract falls under the ordinary public procurement act, instruments are provided to derogate from these rules, but reasons must be given as to why certain contract holders can be refused to protect essential security interests.
"Hybrid threats and attempts to influence - even through public contracts and companies - are unfortunately unavoidable in our society today. Espionage, interference or cyber threats: as responsible security authorities, we must ensure that we minimise the risks," said Ludivine Dedonder, Minister of Defence.
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De Tijd reported that it is likely Chinese companies will bear the brunt of this new measure, stating that "wherever Chinese equipment turns up in security environments, controversy breaks out these days," referring to the Chinese brand Nuctech scanners, which Belgian customs use in ports, and Belgian Defence using hundreds of Huawei wifi routers, despite warnings of the dangers of Chinese appliances.
However, security experts argued that not all Chinese technology is necessarily espionage, but they do all have links to the Chinese government, meaning the bottom line is that all government departments must be alert.
