2024-12-10
The Banco Nacional de Angola issued Instruction No. 08/2024 to mandate the registration and verification of beneficial owners for all financial institutions under its supervision. The directive requires these institutions to report detailed ownership, control, and economic interest data—along with supporting evidence and a signed declaration of truthfulness—to the central bank via email by April 30 each year. Non-compliance triggers administrative sanctions under existing financial and anti-money laundering laws, with transitional reporting deadlines set at thirty days from incorporation.
INSTRUCTION NO. 08/2024 of December 9 SUBJECT: FINANCIAL SYSTEM
Whereas it is necessary to ensure compliance with legislation and regulation on the prevention of money laundering and terrorist financing in line with internationally accepted best practices; Considering the need to register and verify beneficial owners, natural persons who actually control or have an economic interest in Financial Institutions under the supervision of the Banco Nacional de Angola and their managers, as well as legal entities related to them; Pursuant to the provisions of paragraph (b) of number 1 of Article 51 and number 4 of Article 169, both of Law No. 14/21 of May 19, General Regime of Financial Institutions Law, combined with number 9 of Article 3 of Law No. 05/20 of January 27, Money Laundering, Terrorist Financing and Proliferation of Weapons of Mass Destruction Prevention and Combating Law, Article 21 and number 1 of Article 98, both of Law No. 24/21 of October 18, Banco Nacional de Angola Law.
I DETERMINE:
CONTINUATION OF INSTRUCTION NO. 08/2024 Page 2 of 5 2. Scope This Instruction applies to Financial Institutions under the supervision of the Banco Nacional de Angola, as provided for in Law No. 14/21 of May 19, General Regime of Financial Institutions Law. 3. Registration of Beneficial Owner 3.1. Institutions must, upon their incorporation and whenever there are changes in ownership structure, control, or management, report detailed information on the natural or legal persons that directly or indirectly hold control or a significant economic interest in the institution itself. 3.2. For the purposes of the preceding subsection, significant control or interest is understood as the holding of qualified or unqualified participations that directly or indirectly enable significant influence over the institution's management. 3.3. For the purposes of subsection 3.1, Institutions must report the following information: a) Personal Identification or updated Commercial Registry Certificate of beneficial owners; b) The percentage of corporate participation or voting rights held by the beneficial owner in the entity; c) The type of control exercised, direct or indirect, by the beneficial owner, including corporate participation, voting control, right to appoint or remove members of Administration and/or Supervisory bodies, or other forms of significant influence; d) A diagram or description of the ownership structure, showing how beneficial owners are linked to the entity; e) The identification of any intermediate entities or trusts through which the beneficial owner controls or holds an interest in the entity; and, f) Parassociai agreements entered into, where applicable. 4. Reporting of Information 4.1. Institutions must submit the information requested under this Instruction, in an aggregated manner, via email to dro_organizacao@bna.ao, in Excel format, annually by the 30 (thirtieth) of April, as per Annex I of this Instruction. 4.2. For the purposes of the preceding subsection, Institutions must submit a declaration duly signed by the President of the Board of Administration, attesting that the provided information is true and complete, as per Annex II of this Instruction. 5. Transitional Provisions Institutions must submit to the Banco Nacional de Angola, within a period not exceeding 30 (thirty) days, the historical record of beneficial owners from the date of their incorporation. 6. Sanctions Non-compliance with the provisions established in this Instruction constitutes an offense punishable under Law No. 14/21 of May 19, General Regime of Financial Institutions Law, and Law No. 5/20 of January 27, Money Laundering, Terrorist Financing and Proliferation of Weapons of Mass Destruction Prevention and Combating Law. 7. Doubts and Omissions Doubts and omissions arising from the interpretation and application of this Instruction are resolved by the Banco Nacional de Angola. 8. Entry into Force This Instruction enters into force on the date of its publication.
PUBLISHED. Luanda, December 9, 2024. THE GOVERNOR MANUEL ANTÓNIO TIAGO DIAS
CONTINUATION OF INSTRUCTION NO. 08/2024 Page 3 of 5 ANNEX I Beneficial Owner Information
1 Name ID Card / Passport 2 Date of Birth 3 Address 4 Nationality(ies)/citizenship 5 Criminal record
6 Current occupation 7 Has held public office in Angola and abroad? (if yes, list the positions and provide evidence) 8 Is related to persons who have held public office in Angola or abroad? (if yes, list the persons, positions and submit evidence) SOURCE OF FUNDS EVIDENCE 9 Source of funds for the establishment of the Financial Institution 10 Other participations in the financial system (directly or through an intermediary person) 11 Other sources of income (in Angola and abroad) 12 Wealth declaration 13 Non-debt status declaration 14 % of participations in entities abroad 15 % of participation in the Financial Institution Others EVIDENCE 16 Has relations (direct or indirect) in high-risk jurisdictions? (if yes, which?) 17 Has relations with entities or companies abroad. (if yes, which) 18 What is the destination of results/dividends from participation in the financial institution? 19 Has parassociai agreements in the financial institution? (if yes, how many and submit evidence) 20 Has relations with members of the social bodies of the financial institution. 21 Identification of related parties 22 Has relations with entities or companies abroad. 23 Has been convicted of any financial crime? 24 Other information considered relevant: BENEFICIAL OWNER INFORMATION
CONTINUATION OF INSTRUCTION NO. 08/2024 Page 4 of 5 ANNEX II Declaration of Truthfulness of Provided Information I, [Full Name], holder of identification document No. [Document Number], issued by [Issuing Authority], in the capacity of President of the Board of Administration of [Entity Name], with headquarters at [Full Address], registered under taxpayer No. [Registration Number], hereby declare for all legal purposes that: