Assistance with registration, renewal and management of the Prefectural anti-Mafia lists
The White list is the Prefectural list of suppliers, service providers and contractors not subject to attempts at Mafia infiltration, operating in sectors considered to be at higher risk. Registration is relevant in relations with contracting authorities, public administrations and entities required to obtain anti-Mafia documentation for sensitive activities.
For the activities listed in Article 1, paragraph 53, of Law 190/2012, contracting authorities must obtain anti-Mafia documentation by consulting the provincial White lists held by the competent Prefecture. Prefectures also refer to this requirement for contracts and subcontracts of any amount relating to the sectors included in the statutory list.
The sectors considered to be most exposed to risk include, among others, extraction, supply and transport of earth and inert materials; production, supply and transport of concrete and bitumen; machinery rental without operator; machinery rental with operator; road haulage for third parties; site security services; funeral and cemetery services; catering, canteen management and food services; and environmental services. The list was amended by Decree-Law 23/2020, converted into Law 40/2020, as indicated by the Prefectures.
Avv. Vecce assists businesses, companies, consortia and economic operators in assessing the requirements for registration, preparing the application, managing relations with the Prefecture, handling renewals, filing notices of corporate changes and providing protection in the event of denial, cancellation or issues arising during the review process.
Activities covered
Why it matters
Accessing sensitive public-sector relationships
For certain activities, consultation of the White list is the ordinary way in which the contracting authority obtains anti-Mafia documentation.
Managing the corporate structure properly
Corporate offices, shareholders, technical directors, attorneys-in-fact and corporate changes must be consistent and promptly communicated.
Avoiding blocks in tenders and subcontracts
An outdated position or an incomplete application may affect awards, authorisations, contracts and subcontracts.
Preventing issues before the Prefecture
The review process may bring to light requests for additional information, sensitive elements or matters that need to be clarified before a denial or cancellation is issued.
FAQ
What is the anti-Mafia White list?
It is the Prefectural list of suppliers, service providers and contractors not subject to attempts at Mafia infiltration, operating in sectors considered to be at higher risk. It is provided for by Law 190/2012 and regulated by the Prime Ministerial Decree of 18 April 2013.
What is White list registration for?
It makes anti-Mafia checks easier for companies operating in sensitive sectors in their relations with public authorities. For the activities identified by law, contracting authorities obtain anti-Mafia documentation by consulting the provincial White lists.
Which activities fall within the White list system?
The relevant activities are those identified by Article 1, paragraph 53, of Law 190/2012, as amended over time. Prefectures refer to categories such as transport of earth and inert materials, concrete and bitumen, equipment rental, road haulage, site security, funeral services, catering and environmental services.
Is registration mandatory?
For the sectors identified by law, consultation of the White list is the mandatory way in which public bodies obtain anti-Mafia communication and information for contracts and subcontracts concerning public works, services and supplies.
Who files the registration application?
The application is filed by the interested company with the competent Prefecture, using the forms and procedures indicated by that office. The documents required depend on the company’s legal form and on the persons subject to anti-Mafia checks.
What happens if the corporate structure changes?
Relevant changes must be communicated to the Prefecture. Prefectures specify that registered companies must notify changes in ownership structure and corporate bodies within specific time limits, often indicated as 30 days.
What should be done in case of denial or cancellation?
The measure, the investigation file, the reasons given by the Prefecture and the deadlines for submitting observations or filing a challenge must be reviewed. The strategy depends on the nature of the issue and its effects on tenders, contracts and public-sector relationships.
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