DIÁRIO DA REPÚBLICA

OFFICIAL GAZETTE OF THE REPUBLIC OF ANGOLA

Friday, January 11, 2019

Series I – No. 6

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TABLE OF CONTENTS / SUMMARY

Ministry of Energy and Waters

Executive Decree No. 12/19:
Approves the Internal Regulations of the Advisory Council of this Ministry.
— Repeals all legislation contrary to the provisions of this Executive Decree.

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SERIES I – NO. 6 – OF JANUARY 11, 2019

ARTICLE 13.º

(Entry into Force)

This Notice enters into force on the date of its publication.
Published.

Luanda, January 3, 2019.
The Governor, José de Lima Massano.

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Notice No. 2/19

of January 11

In view of the need to establish supplementary rules for the operation of the Deposit Guarantee Fund, as well as the need to ensure the creation of conditions and resources allowing prompt and timely fulfillment of obligations by Participating Institutions in case of unavailability of deposits;
Considering also the need to establish prior requirements for the reporting format of Participating Financial Institutions in the Deposit Guarantee Fund, based on transparent and credible rules to safeguard timely and efficient management;
Pursuant to the combined provisions of Executive Decree No. 195/18 of August 22, and its attached Deposit Guarantee Fund Regulations; Article 69 of Law No. 12/15 of June 17 — Financial Institutions Framework Act; and Article 51 of Law No. 16/10 of July 15 — Bank of Angola Act, I hereby determine:

CHAPTER I

General Provisions

ARTICLE 1.º

(Subject Matter)

This Notice establishes the prior requirements and appropriate format for reporting by Participating Banking Financial Institutions to the Deposit Guarantee Fund, hereinafter referred to as the Fund.

ARTICLE 2.º

(Scope)

1. This Notice applies to Banking Financial Institutions operating in Angola and authorized to receive deposits participating in the Fund, hereinafter referred to as Participating Institutions, which are under the supervision of the Bank of Angola, in accordance with the Financial Institutions Framework Act.
2. For the purposes of the preceding paragraph, Participating Institutions must make contributions to the Fund in accordance with Article 4 of the Deposit Guarantee Fund Regulations, attached to Executive Decree No. 195/18 of August 22, hereinafter referred to as the Fund Regulations.
3. The calculation of contributions by Participating Institutions must align with the premise for applying reimbursement of guaranteed deposits, as established in Article 11 of the Fund Regulations.

ARTICLE 3.º

(Reporting of Information to the Fund)

1. Participating Institutions in the Fund must:
   a) Maintain an information system that allows, at all times, identification of deposits covered by the guarantee and those excluded from it, in accordance with Articles 11 and 12 of the Fund Regulations, as well as their respective depositors, regardless of the type or nature of deposits;
   b) Be organized so as to transmit to the Fund a complete list, per depositor, of their respective rights covered by the guarantee existing on a specific date.
2. The format of the list referred to in paragraph (b) above, as well as the informational elements regarding each depositor it must cover, is defined in accordance with Article 4 of this Notice.
3. The Bank of Angola may, after consulting the Fund's Executive Committee, amend or update in specific regulations the information format referred to in the preceding paragraph of this article.
4. The balance attributable to each depositor must be determined in observance of the principles set forth in Article 13 of the Fund Regulations.
5. Participating Institutions must submit a report on the responsiveness of their information system to the Bank of Angola, with copy to the Fund, to enable preparation of the depositor list referred to in paragraph (a) of paragraph 1 and paragraph 2 of this article.
6. The report referred to in the preceding paragraph must be submitted semi-annually, that is, by July 30 and January 31 of each year.

ARTICLE 4.º

(Information Reporting Format)

1. Participating Institutions must have an information system enabling them to transmit to the Fund, in electronic format within 3 (three) business days, as provided in paragraph (b) of paragraph 1 of Article 3 of this Notice, a complete list, per depositor, of their respective rights existing on a specific date, as well as a summary table, according to the data model detailed in Annex II of this Notice.
2. For the purposes of the preceding paragraph, when requested, information must be delivered by Participating Institutions in physical format (CD/DVD or others) and e-mail, in a sealed envelope, at the Fund's headquarters, Avenida 4 de Fevereiro 151, Luanda, Angola, accompanied by a declaration signed by the Participating Institution's administration according to the model in Annex I, which is an integral part of this Notice.
3. Upon receipt, a receiving note must be completed bearing the signature of the Chairman of the Board of Directors or the Chairman of the Executive Committee of the Participating Institution, or their authorized delegate, and the signature of a Fund representative.

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OFFICIAL GAZETTE

4. To safeguard the confidentiality of provided data, the Fund may establish encryption mechanisms, previously agreed with the Participating Institution, for information provided in physical format (CD/DVD or others) and e-mail.

ARTICLE 5.º

(Interest)

For the purposes of Article 13 of the Fund Regulations, interest calculated up to the date the Financial Institution is declared unavailable or bankrupt must be considered; the entity making deposit reimbursement bears the duty to withhold and pay the due tax to the State.

ARTICLE 6.º

(Deposits Excluded from Guarantee)

1. Deposits excluded from the guarantee, under Article 12 of the Fund Regulations, must be directly related to the depositor and contain at minimum the following information:
   a) Depositor's name; and
   b) Tax identification number.
2. If the Participating Institution has doubts regarding the verification of any situation referred to in the preceding paragraph, it must declare this to the Fund, indicating informational elements regarding said situations.

ARTICLE 7.º

(Cooperation with Other Deposit Guarantee Systems)

The Fund enters into cooperation agreements with other deposit guarantee systems, establishing the terms and conditions for protecting depositors of Banking Financial Institutions that have representation within their jurisdictions.

ARTICLE 8.º

(Judicial Decisions)

1. Participating Institutions, by legal mandate, judicial decision, or contractual relationship, must not include in the list of depositors entitled to Fund reimbursement coverage, deposits related to:
   a) Credit offset agreements; or
   b) Guarantee agreements in favor of the Participating Institution.
2. Without prejudice to the preceding paragraph, Participating Institutions must report said deposits to the Fund in a separate list.

ARTICLE 9.º

(Implementation of Information Systems)

The implementation of the information systems referred to in the preceding paragraphs must be completed within a maximum period of 6 (six) months from the date this Notice enters into force.

ARTICLE 10.º

(Transitional Provision)

Without prejudice to Article 3, paragraph 4 of this Notice, Participating Institutions must submit to the Fund, in Excel format, a list of eligible deposits by January 31, 2019, via the e-mail address to be communicated by the Fund.

ARTICLE 11.º

(Penalties)

Violation of the provisions of this Notice constitutes an offense provided for and punishable under Law No. 12/15 of June 17, the Financial Institutions Framework Act.

ARTICLE 12.º

(Doubts and Omissions)

Doubts and omissions resulting from the interpretation and application of this Notice are resolved by the Bank of Angola.

ARTICLE 13.º

(Entry into Force)

This Notice enters into force on the date of its publication.
Published.

Luanda, January 3, 2019.
The Governor, José de Lima Massano.

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ANNEX I

Declaration to be Sent by Participating Institutions of the Deposit Guarantee Fund

1. Participating Banking Financial Institutions of the Deposit Guarantee Fund must deliver, in a sealed envelope, a declaration signed by the institution's administration, as per Article 11 of the Notice on reporting to the Deposit Guarantee Fund.

2. The declaration referred to in the preceding paragraph must reproduce the following model:

«DECLARATION»
The …(Bank)… declares that the information contained in the electronic medium, identified with reference (…), contains a complete list of names of depositors of this financial institution as of //____, prepared in accordance with the Notice on reporting to the Deposit Guarantee Fund, as well as the Instruction Manual on the reporting format to the Deposit Guarantee Fund, in compliance with applicable legal provisions set forth in Notice No. 13/16 of September 5, on Information Duties regarding Banking Deposits.

Place and date
Financial Institution Identification
The Administration»

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SERIES I – NO. 6 – OF JANUARY 11, 2019

ANNEX II

Data Model and Files to be Sent by Participating Institutions of the Deposit Guarantee Fund

1. Data Model

Participating Institutions must develop and maintain in their information systems a data model containing the following table:

Column Name	Data Type	Field Description
Territory	Text	Territory/Country where deposits are accounted for
Exclusion_Inclusion	Text	Flag indicating whether the deposit is covered by the guarantee or not
Classification	Text	Depositor classification
Document_Type	Integer (int)	Code of the document type used to identify the depositor
Document_Number	Integer (int)	Identification number of the depositor
Name	Text	Depositor's name
Address	Text	Depositor's address
Account_Number	Integer (int)	Account number
Account_Type	Text	Type of account (demand deposit, time deposit, among others)
Account_Amount	Decimal (float)	Available balance in the deposit account
Account_Characteristic	Text	Account characteristic (Singular, Collective, Joint or Solidary, among others)
Holders	Integer (int)	Number of holders
Attributable_Share_Balance	Numeric (percentage)	Attributable share of the available balance
Attributable_Balance	Decimal (float)	Amount corresponding to the product of the attributable share of balance by the available account balance
Interest	Decimal (float)	Gross interest amount
Attributable_Interest	Decimal (float)	Gross interest amount attributable to the depositor
Unavailable	Decimal (float)	Unavailable amount
Aggregated_Attributable_Balance	Decimal (float)	Sum of the attributable balance field and the attributable interest field, minus the unavailable amount
Guarantee_XXX	Decimal (float)	Guarantee amount up to XXX Kz (relative to aggregated balance)
Guarantee_Max	Decimal (float)	Remaining amount up to the maximum guaranteed amount (relative to aggregated balance)
Total_Guarantee	Decimal (float)	Sum of the Guarantee_XXX and Guarantee_Max fields
Not_Guaranteed	Decimal (float)	Amount not covered by the Fund* (for aggregated balances exceeding maximum guarantee)

* Deposit Guarantee Fund

This data model must be adopted for each deposit of which the depositor is holder or co-holder. Additionally, the Financial Institution must prepare a document containing a schematic reference to the source systems/tables used for filling the aforementioned table.

2. Files to be Sent to the Fund:

With reference to the information defined in the table presented in paragraph 1, Financial Institutions must produce two files with the following characteristics:

2.1. File with the list of depositors:

a) Format: text;
b) Extension: .txt;
c) Column delimiter character: ; (semicolon) or | (pipe);
d) Text field identifier character: “” (quotes);
e) The first line must contain the headers defined in paragraph (g);
f) The remaining lines must contain information regarding the depositors;
g) Column definitions:

Column Name	Data Type	Field Description
Territory	Text	Territory/Country where deposits are accounted for
Exclusion_Inclusion	Text	Flag indicating whether the deposit is covered by the guarantee or not
Classification	Text	Depositor classification
Document_Type	Integer (int)	Code corresponding to the document type used to identify the depositor
Document_Number	Integer (int)	Identification number of the depositor
Name	Text	Depositor's name
Address	Text	Depositor's address
Total_Attributable_Balance	Decimal (float)	Amount corresponding to the sum of attributable shares from all accounts of the depositor (without interest)
Total_Attributable_Interest	Decimal (float)	Amount corresponding to the sum of attributable shares of interest from all accounts of the depositor
Total_Unavailable	Decimal (float)	Total unavailable amount of the depositor's accounts
Total_Aggregated_Attributable_Balance	Decimal (float)	Sum of the total attributable balance field and the total attributable interest field, minus the total unavailable amount
Guarantee_XXX	Decimal (float)	Guarantee amount up to XXX Kz (relative to aggregated balance)
Guarantee_Max	Decimal (float)	Remaining amount up to the maximum guaranteed amount (relative to aggregated balance)
Total_Guarantee	Decimal (float)	Sum of the Guarantee_XXX and Guarantee_Max fields
Not_Guaranteed	Decimal (float)	Amount not covered by the Fund* (for aggregated balances exceeding maximum guarantee)

* Deposit Guarantee Fund

Regarding the defined data model, this file can be interpreted as a grouping (group by) by territory, exclusion/inclusion, classification, and depositor.

Notes:

1. The choice of delimiter character (among defined options) is at the discretion of the Financial Institution, provided it ensures that the same is used solely for this purpose and not also as common text.

2. If the Financial Institution considers that including a field with the depositor's customer number facilitates constructing this information, it may be added to the data model structure after the «Classification» field.

3. The «Exclusion_Inclusion» field will have predefined values «Excluded» or «Included», depending on whether the deposit in question is covered by the Fund's guarantee according to Articles 11 and 12 of the Fund Regulations.

4. In the «Classification» field, excluded deposits must be classified according to Article 12 of the Fund Regulations. For demonstration purposes, each excluded deposit should indicate the applicable paragraph (paragraphs a) to d) of paragraph 1 of Article 12). Taking as an example members of the administrative or supervisory bodies of the Financial Institution, these must be classified according to paragraph c) of paragraph 1 of Article 12 of the Fund Regulations. Guaranteed deposits must be aggregated by depositor, with no special characterization at the classification level. By option, the Financial Institution may characterize depositors as natural persons or legal entities.

5. Regarding excluded deposits, filling in the «Guarantee_XXX», «Guarantee_Max», and «Total_Guarantee» fields is optional.

6. Regarding the «document type» field, only official documents (e.g., passport and/or identity card) should be considered, and the Financial Institution must identify all its depositors by tax identification number.

7. Regarding the «Attributable_Share_Balance» field, in the absence of contrary legal provision, it will be presumed that balances of collective, joint, or solidary accounts belong equally to the holders.

8. In the «Attributable_Balance» field and regarding demand accounts, only the depositor's available balance should be considered. The concept of available balance is as set forth in Notice No. 13/16 on Information Duties regarding Banking Deposits.

9. The «Interest» field must present gross interest. It is the responsibility of the entity making deposit reimbursement to calculate net interest, withhold the due tax, and deliver it to the State.

10. The «Unavailable» field must classify deposits that are captive or suspended, or in any other situation preventing their availability.

11. Note that the Fund does not operate any offsets between the financial institution and the depositor; it is the institution's responsibility to previously make any adjustments of this nature. Deposits given as pledge represent another example that should also be subject to adjustment.

12. In the data model, there are fields for which only predefined values are expected. The following terminologies are suggested for these fields:

Field	Possible Values
Exclusion_Inclusion	Exclusion / Inclusion
Document_Type	101, 102, 201, 202, 203, 204, 205, 206, 301, 302, 303, 501, 502, 510, 601, DO
Account_Type	(continues in source)