Law No. 4/2024, of March 22 – Amending the Law on Repression and Combating Terrorism

BOLETIM DA REPÚBLICA OFFICIAL PUBLICATION OF THE REPUBLIC OF MOZAMBIQUE SUMÁRIO A V I S O The matter to be published in the «Boletim da República» must be submitted as a duly authenticated copy, one for each subject matter, containing, in addition to the necessary indications for this purpose, the following endorsement, signed and authenticated: For publication in the «Boletim da República». IMPRENSA NACIONAL DE MOÇAMBIQUE, E.P. Assembly of the Republic: Law No. 3/2024: Amends Articles 7, 8, 9, 13, 15, 23, 50, 52, 79 and 80 of Law No. 14/2023, of August 28, which establishes the Legal Regime and Measures for the Prevention and Combating of Money Laundering and Terrorism Financing. Law No. 4/2024: Amends Articles 23, 26, 28, 29, 30, 33, 35 and 36 of Law No. 15/2023, of August 28, which establishes the Legal Regime for the Prevention, Repression and Combating of Terrorism and Proliferation of Weapons of Mass Destruction. Friday, March 22, 2024 I SÉRIE — Number 59 ASSEMBLY OF THE REPUBLIC Law No. 3/2024 of March 22 Given the need to carry out targeted amendments to Law No. 14/2023, of August 28, which establishes the Legal Regime and Measures for the Prevention and Combating of Money Laundering and Terrorism Financing, in order to align certain legal provisions with the recommendations of the Financial Action Task Force and international legal instruments, admitted into the domestic legal order, under Article 178(1) of the Constitution of the Republic, The Assembly of the Republic determines:

Article 1 (Amendment) Articles 7, 8, 9, 13, 15, 23, 50, 52, 79 and 80 of Law No. 14/2023, of August 28, are amended and shall henceforth read as follows:

“Article 7 (Preceding crimes) The following are considered preceding crimes to money laundering: a) […]; b) […]; c) […]; d) […]; e) […]; f) […]; g) human and migrant trafficking; h) […]; i) […]; j) […]; k) […]; l) […]; m) […]; n) […]; o) […]; p) […]; q) […]; r) […]; s) […]; t) […]; u) […]; v) […]; w) […].

Article 8 (Terrorism financing)

1. […].
2. The terms set out in subparagraphs a) and b) of paragraph 1 of this article are those defined in the Legal Regime for the Prevention, Repression and Combating of Terrorism and Proliferation of Weapons of Mass Destruction.
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Article 9 (Financing the proliferation of weapons of mass destruction)

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3. For an act to constitute the offence set out in paragraph 1 of this article, it is not necessary that the funds originate from third parties, nor that they have been delivered to their intended recipients or effectively used to commit the acts provided for therein.
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Article 13 (Responsibility of the governing body)

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728 I SÉRIE — NÚMERO 59 2. […]. a) approve the policies, procedures and controls referred to in paragraph 1 of this article, as well as update them; b) […]; c) ensure that the organizational structure of the obligated entity allows, at all times, for the adequate implementation of the policies, procedures and controls referred to in this article, preventing conflicts of interest and, whenever necessary, promoting the separation of functions within the organization; d) […].

Article 15 (Duties to identify, verify and conduct due diligence)

1. […].

2. […]. a) […]; b) […]; c) […]; d) […]; e) adopt adequate measures to collect information on the legal regime and regulatory powers, understand the ownership and control structure of the client, when it is a legal person or a collective interest center without legal personality; f) […]; g) […]; h) […]; i) […].

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Article 23 (Identification, verification and due diligence)

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2. The provisions of paragraph 1 of this article do not prejudice the adoption of other enhanced measures or the intensification of the measures referred to in subparagraphs a) to c) of paragraph 1 of Article 39 of this Law, whenever the increased risk from the business relationship or occasional transaction proves particularly high.
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Article 50 (Compliance with obligations by branches and subsidiaries)

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6. […]: a) […]; b) […]; c) […]; d) any other measures, among those provided for in Article 12 of this Law, that prove adequate to mitigate identified risks.

Article 52 (Duty of collaboration)

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5. The provisions of paragraph 5 of Article 44 of this Law also apply to the exercise by lawyers of their duty of collaboration.

Article 53 (Duty of professional secrecy)

1. The entities obliged to report, the holders of the governing bodies of legal persons, managers, attorneys-in-fact or any other person exercising functions within financial institutions and non-financial entities are prohibited from revealing to the client or third parties the reporting of suspicious transactions referred to in Article 44 of this Law.
2. […].
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Article 79 (Contraventions)

1. […]: a) […]; b) […]; c) […]; d) […]; e) […]; f) […]; g) […]; h) […]; i) […]; j) […]; k) […]; l) […]; m) […]; n) […]; o) […]; p) […]; q) […]; r) […]; s) […]; t) […]; u) […]; v) […]; w) […]; x) the violation of norms contained in sectoral regulatory instruments, issued under this Law, exercising the competence provided for in subparagraph e) of paragraph 2 of Article 56 of this Law; y) […]; z) […].

2. […].

22 DE MARÇO DE 2024 729 Article 80 (Fines)

1. The contraventions provided for in Article 79 of this Law are punishable under the following terms: a) […]; b) […]; c) […].

2. Particularly serious contraventions, in which the fine penalty is increased by up to half of the corresponding maximum limit, are those set out in subparagraphs a), b), c), e), f) and h) of paragraph 1, of Article 79 of this Law.”

Article 2 (Entry into force) This Law enters into force on the date of its publication. Approved by the Assembly of the Republic, on March 15, 2024. The President of the Assembly of the Republic, Esperança Laurinda Francisco Nhiuane Bias. Promulgated, on March 21, 2024 Publish. The President of the Republic, Filipe Jacinto Nyusi. Law No. 4/2024 of March 22 Given the need to carry out targeted amendments to Law No. 15/2023, of August 28, which establishes the Legal Regime for the Prevention, Repression and Combating of Terrorism and Proliferation of Weapons of Mass Destruction, in order to align certain legal provisions with the recommendations of the Financial Action Task Force and international legal instruments, admitted into the domestic legal order, under Article 178(1) of the Constitution of the Republic, The Assembly of the Republic determines:

Article 1 (Amendment) Articles 23, 26, 28, 29, 30, 33, 35 and 36 of Law No. 15/2023, of August 28, are amended and shall henceforth read as follows:

“Article 23 (Applicable penalties)

1. Whoever commits acts of terrorism, provided for in Articles 11, 11-A and 12 of this Law, shall be punished with imprisonment of 20 to 24 years, increased by one quarter in its minimum and maximum limits.

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10. Whoever commits the acts provided for in Articles 11, 11-A and 12 of this Law, destined or should have known to be destined for the perpetration of any crime against State security, shall be punished with imprisonment of 12 to 16 years.

Article 26 (Identification for designation)

1. […].

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6. The Attorney General of the Republic, in coordination with the Ministry overseeing Foreign Affairs and Cooperation, may request that foreign jurisdictions comply with designations made by Mozambique, whose requests must be accompanied by the greatest possible amount of relevant information regarding the individual or legal person, groups, organizations or entities proposed, as established in Article 27 of this Law, and provide a statement of the case containing the maximum possible details regarding the basis for listing.

7. The Attorney General of the Republic notifies the Financial Information Office of Mozambique, abbreviated as GIFIM, which must, in coordination with competent supervisory authorities, ensure that all designated financial institutions and non-financial entities are informed of the designation decision before publication.

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Article 28 (Request for removal from the list)

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2. The applicant must demonstrate that the individual or legal person, group, organization or entity designated does not meet or has ceased to meet the designation criteria set out in subparagraph a) of paragraph 1 of Article 26 of this Law and must provide all information and documents supporting the request.

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Article 29 (Review of designation)

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5. Once the removal from the list is decided, the Attorney General of the Republic must proceed, with necessary adaptations, as provided for in paragraph 1 of Article 30 of this Law.

Article 30 (Communication of exclusion from the list and unfreezing)

1. […]: a) update and republish the National List of excluded individuals or legal persons, groups, organizations or entities within 48 hours after the publication in the Boletim da República of the decision determining exclusion, under Article 28 of this Law;

730 I SÉRIE — NÚMERO 59 Preço — 20,00 MT IMPRENSA NACIONAL DE MOÇAMBIQUE, E.P.

b) […]; c) […].

2. […].

Article 33 (Information on persons and entities proposed for designation) The Attorney General of the Republic, in coordination with the Ministry overseeing Foreign Affairs and Cooperation, whenever proposing names for inclusion in the sanctions list applicable to persons and entities associated with ISIL and Al-Qaeda or the Taliban, under Resolutions 1267/1989 (1999) and 1988 (2011) and their subsequent resolutions, must: a) follow the registration procedures and forms adopted by Committee 1267/1989 or 1988; b) […]; c) […].

Article 35 (Criteria for addition to the international list) […]: a) […]; b) […]; c) […]; d) […]; e) other relevant criteria to be established in the Regulation of this Law.

Article 36 (Communication of exclusion from designated international lists) The Attorney General of the Republic must: a) […]; b) […]; c) […].”

Article 2 (Addition) Article 11-A is added with the following wording:

“Article 11-A (Terrorist acts) Terrorist acts are considered to be actions intended to cause death or serious bodily injury, committed against civilians or any person not directly participating in hostilities, with the objective of provoking a state of terror in the general public, or in groups of persons or particular individuals, intimidating the population or forcing a Government or other public entity or international organization to act or refrain from acting, namely: a) crime against life, physical integrity or freedom of persons; b) crime against the security of public and/or private transport and communications, including computerized, telegraphic, telephone, radio or television systems; c) crime of intentional production of common danger through fire, explosion, release of radioactive or toxic/asphyxiating substances, flooding or avalanche, collapse of construction, contamination of medicines, food and water intended for human consumption or spread of disease, pests, plants or harmful animals; d) act that destroys or renders inoperative or diverts from their normal purposes, definitively or temporarily, wholly or partially, means or communication routes, public service facilities or those intended for the supply and satisfaction of vital population needs; e) action for research purposes aimed at developing nuclear, biological, radiological or chemical weapons; f) crime involving the use of nuclear energy, firearms, biological, radiological or chemical weapons, substances or explosive devices, incendiary means of any nature, parcels or letters containing especially dangerous devices or substances, whenever, by their nature or context of commission, they are likely to seriously affect the country or population intended to be intimidated; g) sabotage of operations or seizure, with violence, serious threat to persons or by using cybernetic control mechanisms wholly or partially, even if temporarily, of communication or transport means, ports, airports, railway or bus stations, health or laboratory establishments, educational institutions, sports facilities, public installations or locations where essential public services operate, power generation or transmission facilities, military and paramilitary installations, exploration, refining or processing plants for oil and gas, credit institution facilities and their service network; h) setting fire to, looting, destroying or exploding transport means or any public or private property.”

Article 3 (Entry into force) This Law enters into force on the date of its publication. Approved by the Assembly of the Republic, on March 15, 2024. The President of the Assembly of the Republic, Esperança Laurinda Francisco Nhiuane Bias. Promulgated, on March 20, 2024. Publish. The President of the Republic, Filipe Jacinto Nyusi.