2012-04-12
The Bank of Angola issued Notice No. 11/2012 to establish foreign exchange procedures and a gradual implementation schedule for oil sector operations under Law No. 2/12 of January 13, 2012. The regulation mandates that the National Concessionaire and investor companies deposit foreign currency values in specific domestic accounts by May 2013, while all goods and services supplies must be settled through national or foreign currency accounts starting October 2012, with mandatory national currency settlement for resident entities by July 2013. Furthermore, the Operator must register all foreign exchange transactions in the SINOC system and submit monthly and quarterly electronic reports detailing guarantee account flows, external investments, and active supply contracts to the Foreign Exchange Control Department.
BANCO NACIONAL DE ANGOLA
NOTICE NO. 11/2012 of April 12
OFFICE OF THE GOVERNOR
Whereas it is incumbent upon the Bank of Angola (BNA) to define the regulation applicable to foreign exchange operations provided for in Law No. 2/12 of January 13, the Foreign Exchange Regime Applicable to the Oil Sector.
Whereas it is also incumbent upon the Bank of Angola to define a schedule for the gradual implementation as provided in paragraph 2 of Article 6 of said Law.
In exercise of the competence attributed to me under the combined provisions of Article 3 of Law 5/97 of June 27, Foreign Exchange Law, and Articles 17 and 40 of Law No. 16/10 of July 15, the Bank of Angola Law:
IT IS HEREBY DETERMINED:
Article 1 (Definitions)
For the purposes of this Notice, the definitions set forth in Articles 3 and 4 of the Law of January 13 shall apply.
Article 2 (Subject Matter)
This Notice establishes the procedures and mechanisms to be adopted in foreign exchange operations related to crude oil and natural gas exploration, search, appraisal, development, and production activities, as provided by Law No. 2/12 of January 13, and defines a schedule for their gradual implementation.
Article 3 (National Concessionaire and Investor Companies' Accounts)
The amounts referred to in paragraph 1 of Article 8 of Law 2/12 of January 13, the Foreign Exchange Regime Applicable to the Oil Sector, must be deposited in specific foreign currency accounts at banking financial institutions domiciled in the country, starting from May 13, 2013.
The National Concessionaire and investor companies, national and foreign, must make payments for the supply of goods and services mandatorily through national and foreign currency accounts opened at banking financial institutions domiciled in the country starting from October 1, 2012.
Supply contracts for goods and services concluded by the National Concessionaire and investor companies, national and foreign, with resident exchange entities must be settled in the national currency, mandatorily, starting from July 1, 2013.
Article 4 (Operator's Accounts)
The Operator must, in its own name and on behalf of the entities bearing expenses related to oil operations, make payments for supplies of goods and services mandatorily through national currency and foreign currency accounts opened at banking financial institutions domiciled in the country.
Payments for supplies of goods and services to resident exchange entities must be made, through the operator's accounts maintained at banking financial institutions domiciled in the country, to accounts of said supplier entities at banking financial institutions domiciled in Angola, starting from October 1, 2012.
The payments referred to in the preceding paragraph must be settled in the national currency starting from July 1, 2013.
Payments for supplies of goods and services to non-resident exchange entities must be made through the operator's accounts maintained at banking financial institutions domiciled in the country starting from October 1, 2013.
CONTINUATION OF NOTICE NO. 11/2012 2
BANCO NACIONAL DE ANGOLA
OFFICE OF THE GOVERNOR
Article 5 (Foreign Currency)
The foreign currency to be made available by the National Concessionaire and investor companies, national and foreign, to the Angolan financial system must correspond to free and internationally convertible currencies.
Article 6 (Exchange Rate)
The exchange rate applied by the BNA in foreign currency purchase operations is the reference primary market buying exchange rate in force on the day of the transaction, which is published daily on its website.
The exchange rate applied in foreign currency purchase and sale operations by banking financial institutions domiciled in Angola is freely negotiated between the parties.
Article 7 (Registration of Foreign Exchange Operations)
Foreign exchange operations carried out by the National Concessionaire and investor companies, national and foreign, without prior authorization of the Bank of Angola, under Articles 6, 7, and 10 of Law No. 2/12 of January 13, are subject to registration at the BNA under Articles 9 and 17 of said Law.
For the purposes of compliance with the preceding paragraph, banking financial institutions must, on behalf of the National Concessionaire and investor companies, national and foreign, register foreign exchange operations in the Integrated Foreign Exchange Operations System of the Bank of Angola - SINOC, according to its respective regulation.
The initial registration of foreign exchange operations carried out by the National Concessionaire and national investor companies subject to prior authorization of the Bank of Angola under Law No. 2/12 of January 13, 2012, must be carried out immediately following the granting of authorization by the BNA.
The National Concessionaire and national investor companies are obliged to transmit monthly, by the 5th business day of the following month, electronically in Excel format, to the Bank of Angola/Foreign Exchange Control Department information on the position and flows of foreign currency guarantee accounts, including disbursements and repayments of external debt service, according to the model in Annex I to this Notice, which is an integral part thereof. They are also obliged to transmit quarterly, by the 10th business day of the first month of the following quarter, information on external investment operations, according to the model in Annex II to this Notice, which is an integral part thereof.
Without prejudice to the preceding paragraph, banking financial institutions must register these foreign exchange operations in the Integrated Foreign Exchange Operations System of the Bank of Angola - SINOC, according to its respective regulation.
The Operator, on behalf of the entities bearing expenses related to oil operations, must transmit quarterly, electronically in Excel format, to the Bank of Angola/Foreign Exchange Control Department, by the 10th business day of the first month of the following quarter, a detailed list of all contracts concluded with non-resident exchange entities, specifying at least the contracted entity, subject matter, amount, currency, destination country of financial resources, and contract validity period, according to the model in Annex III to this Notice, which is an integral part thereof.
Without prejudice to the preceding paragraph, while foreign currency payments to resident exchange entities are permitted and occur, the Operator must also transmit quarterly, to the Bank of Angola/Foreign Exchange Control Department, by the 10th business day of the first month of the following quarter, a list of all contracts concluded with foreign currency payments to resident exchange entities, with the details indicated in the preceding paragraph and according to Annex III of this Notice.
Article 8 (Schedule for Entry into Force)
CONTINUATION OF NOTICE NO. 11/2012 3
BANCO NACIONAL DE ANGOLA
OFFICE OF THE GOVERNOR
Notwithstanding the implementation dates set forth in Articles 3 and 4 of this Notice, the National Concessionaire and investors, national and foreign, may anticipate the execution of said acts.
For the purposes of the preceding paragraph, the act provided for in paragraph 1 of Article 3 of this Notice is excepted.
Article 9 (Infringements)
Infringements of the provisions of this Notice are punishable under the provisions of Law No. 5/97 - Foreign Exchange Law, of June 27, and Law No. 13/05 - Financial Institutions Law, of September 30.
Article 10 (Doubts and Omissions)
Doubts and omissions resulting from the interpretation and application of this Notice are resolved by the Bank of Angola.
Article 11 (Entry into Force)
This Notice enters into force on May 12, 2012.
PUBLISHED
Luanda, April 12, 2012
THE GOVERNOR JOSÉ DE LIMA MASSANO
CONTINUATION OF NOTICE NO. 11/2012 5
BANCO NACIONAL DE ANGOLA
OFFICE OF THE GOVERNOR
Annex I to Notice No. 11/12 - Article 7, paragraph 4 MONTH TO WHICH IT REFERS: NAME OF THE OIL COMPANY: TAX ID NUMBER (NIF) OF THE OIL COMPANY: ASSOCIATION / PETROLEUM BLOCK:
GUARANTEE (ESCROW) ACCOUNTS ASSOCIATED WITH FINANCING CONTRACTS
| BNA AUTHORIZATION NUMBER | FINANCING ENTITY | AGENT BANK | COUNTRY | BALANCE AT END OF PREVIOUS MONTH | DATE | DISBURSEMENT | CURRENCY | AMOUNT | OPERATION DATE | CREDIT TRANSACTIONS | VALUE | OPERATION DATE | DEBIT TRANSACTIONS | VALUE | BALANCE AT END OF CURRENT MONTH | | :--- | :--- | :--- | :--- | :--- | :--- | :--- | :--- | :--- | :--- | :--- | :--- | :--- | :--- | :--- | | | | | | | | | | | | INCOMES | | | CAPITAL | INTEREST | OTHER CHARGES | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
SUBTOTALS RELATIVE TO FINANCING 1 SUBTOTALS RELATIVE TO FINANCING 2 SUBTOTALS RELATIVE TO FINANCING N
Notes:
BANCO NACIONAL DE ANGOLA
OFFICE OF THE GOVERNOR
Annex II to Notice No. 11/12 - Article 7, paragraph 4 REFERS TO: OIL COMPANY:
EXTERNAL INVESTMENTS
INVESTMENT PROJECTS
| ASSOCIATED ENTITY | COUNTRY | SUBJECT MATTER OF INVESTMENT | CURRENCY OF INVESTMENT | PREVIOUS POSITION | CAPITAL CONTRIBUTIONS DURING THE PERIOD | REDUCTIONS TO INVESTMENT DURING THE PERIOD | PROFITS AND DIVIDENDS | CURRENT POSITION |
|---|---|---|---|---|---|---|---|---|
| DATE | AMOUNT | DATE | AMOUNT | |||||
| 1 2 3 4 5 6 7 8 9 10 11 12 |
SUBTOTALS OF PROJECT 1 SUBTOTALS OF PROJECT 2 SUBTOTALS OF PROJECT N
Notes:
BANCO NACIONAL DE ANGOLA
OFFICE OF THE GOVERNOR
Annex III to Notice No. 11/12 - Articles 7, paragraphs 6 and 7
INFORMATION STATEMENT OF CONTRACTS IN FORCE
TAX ID NUMBER (NIF) OF THE OPERATING OIL COMPANY: ASSOCIATION / PETROLEUM BLOCK: PERIOD TO WHICH THE INFORMATION REFERS:
| CONTRACTED ENTITY | SUPPLY CONTRACT FOR GOODS AND SERVICES | PAYMENT CONDITIONS | BNA LICENSING, IF APPLICABLE |
|---|---|---|---|
| NAME | NIF | RESIDENT / NON-RESIDENT | COUNTRY OF CONTRACTED ENTITY |
| 1 2 3 4 5 6 7 8 9 10 11 12 13 |
Notes: