2021-04-14
The Bank of Angola issued Notice No. 05/2021 to update and clarify the rules governing foreign currency operations by resident and non-resident individuals. The regulation establishes a USD 250,000 annual limit for residents' foreign currency purchases or transfers, exempts specific health, education, and accumulated resource transfers from this cap, and mandates banking financial institutions to verify customer capacity, maintain records in the SINOC system, and ensure compliance with anti-money laundering standards. It further outlines simplified procedures for non-resident workers to transfer employment income, delegates capital operation approvals to banks, and repeals prior conflicting notices, with penalties enforced under existing exchange rate legislation.
PUBLISHED IN THE OFFICIAL GAZETTE, FIRST SERIES, NO. 65, ON APRIL 14, 2021 NOTICE NO. 05/2021 SUBJECT: EXCHANGE RATE POLICY
CONSIDERING the need to update and clarify the rules and procedures for making payments abroad related to foreign currency operations involving current invisibles, goods, and capital flows ordered by resident and non-resident individuals; IN EXERCISE of the authority conferred upon me by the combined provisions of paragraph 2 of Article 28 of Law No. 5/97, dated July 27 – Exchange Rate Law, and Articles 40 and 51 of Law No. 16/10, dated July 15 – Law of the Bank of Angola. I HEREBY DETERMINE:
CHAPTER I General Provisions Article 1. (Subject Matter) This Notice establishes the rules and procedures to be observed in carrying out foreign currency operations involving the purchase of foreign currency or the transfer of own foreign currency resources abroad, by resident and non-resident individuals, namely:
Article 2. (Scope) The recipients of the provisions in this Notice are the parties involved in carrying out foreign currency operations, namely: a) Individuals initiating the aforementioned operations; b) Financial Institutions acting as intermediaries in the aforementioned operations.
Article 3. (Definitions) For the purposes of this Notice, the following terms mean:
CONTINUATION OF NOTICE NO. 05/2021 Page 3 of 8 b) Foreign Currency Operation: the sale of foreign currency to a client or the debit of a client's account with own foreign currency resources, to cover an operation involving current invisibles, goods, or capital. c) Resident Individual: as defined in paragraph 1 of Article 4 of Law No. 5/97 dated June 27, Exchange Rate Law, including foreign citizens residing in Angola under a residence fixation visa. d) Non-Resident Individual: as defined in paragraph 2 of Article 4 of Law No. 5/97 dated June 27, Exchange Rate Law, including foreign workers who are non-resident individuals and exercise a remunerated activity in the country.
Article 4. (Financial Intermediation) The intermediation of foreign currency operations covered by this Notice may only be carried out by a Financial Institution authorized to conduct exchange business, within the framework of current legislation.
Article 5. (Licensing by the Bank of Angola)
CONTINUATION OF NOTICE NO. 05/2021 Page 4 of 8 Article 6. (Responsibilities of Commercial Banks in Processing Foreign Currency Operations)
Article 7. (Registration of Foreign Currency Operations in SINOC)
Article 8. (Foreign Currency Coverage and Settlement)
CONTINUATION OF NOTICE NO. 05/2021 Page 5 of 8 a) On the date of execution of the payment order abroad; b) On the date of loading or settlement of the balance of an international brand card; c) On the date of delivery of foreign currency cash. 3. Transfers for financial and capital operations must be credited directly to the seller's or their agent's account, according to contractually reflected terms and conditions.
Article 9. (Payment Instruments)
CHAPTER II Operations Ordered by Resident Individuals Article 10. (Annual Limit)
Article 11. (Foreign Currency Operations with Value Exceeding the Annual Limit) The Bank of Angola may exceptionally authorize duly justified requests to transfer amounts exceeding the limit established in the previous article, with interested parties submitting their request through a Banking Financial Institution for prior review and subsequent forwarding to the Bank of Angola for decision.
Article 12. (Submission of Documentation)
CHAPTER III Operations Ordered by Non-Resident Individuals Article 13. (Current Invisible Operations)
CONTINUATION OF NOTICE NO. 05/2021 Page 6 of 8 a) The existence of an employment contract duly approved by the supervising ministry and its validity period; b) That the amounts the worker intends to transfer are consistent with the income earned under the employment contract. 4. The transfer of income by foreign non-resident individuals in the petroleum sector is governed by specific regulations. 5. Capital income transfer operations, namely interest on bank deposits and securities, as well as dividends, are governed by specific regulations.
CHAPTER IV Final Provisions Article 14. (Penalties) Violations of the provisions in this Notice are punished under Law No. 5/97 dated June 27 - Exchange Rate Law, and Law No. 12/2015 dated June 17 - Basic Law of Financial Institutions.
Article 15. (Doubts and Omissions) The Bank of Angola is responsible for clarifying doubts and omissions resulting from the interpretation and application of this Notice.
Article 16. (Repealing Provision) Notice No. 17/2020, dated August 3, and all other normative provisions contrary to the provisions of this Notice are repealed.
Article 17. (Entry into Force) This Notice enters into force 30 (thirty) days after the date of its publication.
PUBLISH. Luanda, on April 5, 2021. THE GOVERNOR JOSÉ DE LIMA MASSANO