2020-06-10

Notice No. 6/GBM/2020 of June 10 – Amending Articles 8 and 28 of Notice No. 20/GBM/2017 of December 27

The Bank of Mozambique issued Notice No. 6/GBM/2020 to amend Articles 8 and 28, and add paragraphs to Article 64 of its December 2017 foreign exchange notice. The regulation mandates that intermediary banks convert thirty percent of repatriated export and investment income into national currency at the prevailing spot rate, while waiving documentary proof for specific current transfers abroad such as health, education, and family expenses. Implemented on June 10, 2020, these amendments introduce urgent transitional measures designed to enhance foreign exchange market flexibility and mitigate negative economic impacts from the Covid-19 pandemic.

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BOLETIM DA REPÚBLICA PUBLICAÇÃO OFICIAL DA REPÚBLICA DE MOÇAMBIQUE SUMÁRIO A V I S O The material to be published in the "Official Gazette" must be submitted as a duly authenticated copy, one per subject matter, containing besides the necessary indications for this purpose, the following endorsement, signed and authenticated: For publication in the "Official Gazette". IMPRENSA NACIONAL DE MOÇAMBIQUE, E.P. Assembly of the Republic: Resolution No. 24/2020: Elects members of the Higher Council of Administrative Judicial Magistracy. Bank of Mozambique: Notice No. 6/GBM/2020: Amends Articles 8 and 28 of Notice No. 20/GBM/2017, dated December 27. Wednesday, June 10, 2020 | FIRST SERIES — Number 110

ASSEMBLY OF THE REPUBLIC Resolution No. 24/2020 of June 10 In view of the need to elect members to the Higher Council of Administrative Judicial Magistracy, pursuant to paragraph c) of paragraph 1 of Article 2 of Law No. 23/2013, dated November 1, the Organic Law of the Higher Council of Administrative Judicial Magistracy, combined with paragraph 1 of Article 41 of the Rules of Procedure of the Assembly of the Republic, approved by Law No. 17/2013, dated August 12, amended and republished by Laws No. 13/2014, dated June 17, No. 1/2015, dated February 27, and No. 12/2016, dated December 30, the Assembly of the Republic determines:

Article 1 (Election) The following citizens are elected as members of the Higher Council of Administrative Judicial Magistracy:

  1. António Jorge do Rosário Grispos.
  2. José Manuel Roque Gonçalves.
  3. Daniel João Daniel.

Article 2 (Entry into Force) This Resolution enters into force on the date of its publication. Approved by the Assembly of the Republic on May 22, 2020. Let it be published. President of the Assembly of the Republic, Esperança Laurinda Francisco Nhiuane Bias.

BANK OF MOZAMBIQUE Notice No. 6/GBM/2020 of June 10 Notice No. 20/GBM/2017, dated December 27, establishes the rules and procedures to be observed in carrying out foreign exchange transactions. The implementation of the aforementioned rules and procedures has revealed the need for their adjustment in light of foreign exchange market dynamics, aiming to provide greater flexibility and efficiency in carrying out certain transactions. Additionally, the current context, characterized by the emergence of the Covid-19 pandemic, necessitates the imposition of transitional and urgent measures to mitigate negative impacts on economic activity, primarily through foreign exchange management instruments. In these terms, exercising the competence conferred by Article 5 of Decree No. 49/2017, dated September 11, the Bank of Mozambique determines:

Article 1 (Amendment) Articles 8 and 28 of Notice No. 20/GBM/2017, dated December 27, are amended and shall henceforth read as follows:

"ARTICLE 8 (Repatriation of Income)

  1. ………………………………………………………
  2. …………………………………………………………
  3. The repatriation of income from the export of goods and services and of foreign investment returns is carried out by bank transfer to a specific income account of the beneficiary, with the intermediary bank required to convert into national currency 30% (thirty percent) of the received amount, at the prevailing spot exchange rate on the date of receipt of income, for credit into the national currency account held by the beneficiary at the same bank.

716 FIRST SERIES — NUMBER 110 Price — 10.00 MT 4. (Repealed). 5. Transfers from the foreign currency balance of the specific income account referred to in paragraph 3 may only be made to accounts of the same nature. 6. The foreign currency balance of the specific income account referred to in paragraph 3 may be converted into national currency as payments are made to resident entities. 7. ………………………………………………………

ARTICLE 28 (Anticipated Direct Payment)

  1. ………………………………………………………
  2. ………………………………………………………
  3. (Repealed).
  4. (Repealed).
  5. Unless there are substantial reasons, failure to comply with the regulatory deadline for submitting documents proving the entry of goods into the national customs territory, and while such fact persists, determines the refusal by banks to carry out operations of the same nature."

ARTICLE 2 (Addition) Paragraphs 4 and 5 are added to Article 64 of Notice No. 20/GBM/2017, dated December 27, and shall henceforth read as follows:

"ARTICLE 64 (Requirements and procedures for current transfers)

  1. ………………………………………………………
  2. ………………………………………………………
  3. ………………………………………………………
  4. The submission of the proof provided for in paragraph e) of paragraph 2 of this Article is waived when the current transfer abroad relates to the following operations and purposes: a) Payment of health, education and accommodation expenses made directly to the providers of these services; b) Transfer of alimony/child support; c) Remittance of funds for the payment of family expenses, and d) Payment of travel and tourism expenses.
  5. The waiver provided in the preceding paragraph does not apply when the remitter is a foreign worker who is in Mozambique under a work contract."

ARTICLE 3 (Sanctions Regime) Violation of the provisions of this Notice is punishable under Articles 10 and following of Law No. 11/2009, dated March 11.

ARTICLE 4 (Entry into Force) This Notice enters into force on the date of its publication.

ARTICLE 5 (Clarification of Doubts) Doubts arising from the interpretation and application of this Notice shall be submitted to the Licensing and Foreign Exchange Control Department of the Bank of Mozambique. Maputo, April 29, 2020. – Governor, Rogério Lucas Zandamela.