2019-04-04

Notice No. 5/GBM/2019, of April 4 – Regulates the Conditions for Purchase and Sale of Foreign Currency in the Foreign Exchange Market

The Bank of Mozambique issued Notice No. 5/GBM/2019 on April 4, 2019, to establish the conditions for purchasing and selling foreign currency in the domestic foreign exchange market. The regulation mandates that all transactions utilize the prevailing spot exchange rate at execution and explicitly prohibits forward rates and funding foreign currency accounts through conversion from national currency accounts. Applicable to all market participants, including banks and authorized entities, violations of these provisions are subject to existing foreign exchange sanctions.

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BOLETIM DA REPÚBLICA PUBLICAÇÃO OFICIAL DA REPÚBLICA DE MOÇAMBIQUE SUMÁRIO A I V 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 the necessary indications for this purpose, along with the following endorsement, signed and authenticated: For publication in the «Boletim da República». IMPRENSA NACIONAL DE MOÇAMBIQUE, E.P. Presidência da República: Despacho Presidencial n.º 40/2019: Appoints Laila Lucrécia Dambo as Legal Substitute for the Director of the Office of the Presidency of the Republic. Assembleia da República: Resolução n.º 1/2019: Elects President of the Planning and Budget Commission – 2nd Commission. Resolução n.º 2/2019: Elects Vice-President of the Planning and Budget Commission – 2nd Commission. Resolução n.º 3/2019: Elects Vice-President of the Agriculture, Economy and Environment Commission – 5th Commission. Comunicado: Announces that Mr. Deputy, Geraldo Alexandre Carvalho, resumes his functions in the Defence, Security and Public Order Commission – 6th Commission. Banco de Moçambique: Aviso n.º 5/GBM/2019: Regulates the Conditions for purchase and sale of foreign currency in the foreign exchange market. Quinta-feira, 4 de Abril de 2019 I SÉRIE — Número 66 ASSEMBLEIA DA REPÚBLICA Resolução n.º 1/2019 de 4 de Abril Having the need to fill the vacancy of President of the Planning and Budget Commission – 2nd Commission, in light of the provisions set out in paragraph 1 of Article 75 of the Rules of Procedure of the Assembly of the Republic, approved by Law No. 17/2013, of August 12, amended and republished by Laws No. 13/2014, of June 17 and No. 12/2016, of December 30, due to the suspension of the mandate of Deputy Eneas da Conceição Comiche, under terms of sub-paragraph b), of paragraph 1, of Article 7 of the Statute on Security and Pensions of Deputies, approved by Law No. 31/2014, of December 30, the Assembly of the Republic determines: Artigo 1 (Election) Deputy Esperança Laurinda Francisco Nhiuane Bias is elected President of the Planning and Budget Commission – 2nd Commission. Artigo 2 (Entry into force) This Resolution enters into force on the date of its publication. Approved by the Assembly of the Republic, on April 4, 2019. Published. President of the Assembly of the Republic, Verónica Nataniel Macamo Dlhovo. PRESIDENCIA DA REPÚBLICA Despacho Presidencial n.º 40/2019 de 4 de Abril In exercise of the powers conferred upon me by paragraph 2 of Article 11 of the Organic Statute of the Presidency of the Republic, approved by Presidential Decree No. 4/2015, of February 20, combined with Article 26 of the Statute of State Employees and Agents, approved by Law No. 10/2017, of August 1, I appoint Laila Lucrécia Dambo as Legal Substitute for the Director of the Office of the Presidency of the Republic, during her absence due to illness. Published. Maputo, April 4, 2019 President of the Republic, Filipe Jacinto Nyusi. 692 I SÉRIE — NÚMERO 66 BANCO DE MOÇAMBIQUE Aviso n.° 5/GBM/2019 de 4 de Abril Having the need to establish the conditions for purchase and sale of foreign currency in the foreign exchange market, the Bank of Mozambique, exercising the competence conferred upon it by Article 5 of Decree No. 49/2017, of September 11, which revises the Regulations of Law No. 11/2009, of March 11 – Foreign Exchange Law Regulations, determines: Artigo 1 (Object) This Notice regulates the conditions for purchase and sale of foreign currency in the foreign exchange market. Artigo 2 (Scope of application)

  1. This Notice applies to all participants in foreign exchange operations carried out under the foreign exchange legislation.
  2. This Notice applies, among others, to entities responsible for guaranteeing compliance with their respective regulations, namely: a) Individuals or legal entities holding rights and obligations in the context of carrying out acts, transactions, and foreign exchange operations; b) Banks participating in the Interbank Foreign Exchange Market and other entities authorized to carry out foreign exchange operations; c) Regulatory, supervisory, and justice administration entities, within the scope of powers conferred upon them by law. Artigo 3 (Conditions for purchase and sale of foreign currency)
  3. In the purchase and sale of foreign currency, the following are prohibited: a) The use of forward exchange rates; b) Funding foreign currency accounts through conversion of funds originating from national currency accounts.
  4. The purchase and sale of foreign currency must only occur by applying the spot exchange rate, in force on the date and at the time of carrying out the operation. Artigo 4 (Sanction regime) Violation of the provisions set out in this Notice is punishable under the applicable foreign exchange legislation. 4 DE ABRIL DE 2019 693 Comunicado By dispatch of the President of the Assembly of the Republic, dated March 14, 2019, it is announced that Mr. Deputy Geraldo Alexandre Carvalho resumes his functions in the Defence, Security and Public Order Commission – 6th Commission. It is further announced that the vacancy was being filled by Substitute Deputy Raimundo Pitágoras Lauma. Published. Maputo, March 18, 2019. — President of the Assembly of the Republic, Verónica Nataniel Macamo Dlhovo. Resolução n.º 3/2019 de 4 de Abril Having the need to fill the vacancy of Vice-President of the Agriculture, Economy and Environment Commission – 5th Commission, following the resignation of Deputy Jaime Bessa Augusto Neto, under the provisions set out in paragraph 1 of Article 75 combined with Article 78, both of the Rules of Procedure of the Assembly of the Republic, approved by Law No. 17/2013, of August 12, amended and republished by Laws No. 13/2014, of June 17 and No. 12/2016, of December 30, the Assembly of the Republic determines: Artigo 1 (Election) Deputy Fernando Remane Namúcua is elected Vice-President of the Agriculture, Economy and Environment Commission – 5th Commission. Artigo 2 (Entry into force) This Resolution enters into force on the date of its publication. Approved by the Assembly of the Republic, on April 4, 2019. Published. President of the Assembly of the Republic, Verónica Nataniel Macamo Dlhovo. 693 Artigo 5 (Clarification of doubts) Doubts arising from the interpretation and application of this Notice must be submitted to the Licensing and Foreign Exchange Control Department of the Bank of Mozambique. Artigo 6 (Entry into force) This Notice enters into force on the date of its publication. Maputo, March 22, 2019. — Governor, Rogério Lucas Zandamela. Preço — 20,00 MT IMPRENSA NACIONAL DE MOÇAMBIQUE, E.P.