2007-04-11

Decree No. 2007-276 Repealing Decree No. 2006-844 of November 14, 2006, and Fixing Price Display, Lease Contracts, Invoicing, and Payment in Ariary

The Prime Minister of Madagascar issued Decree No. 2007-276 to mandate that price displays, lease contracts, invoicing, and payments for goods and services within the national customs territory be conducted in Ariary. The decree repeals Decree No. 2006-844 and establishes specific exceptions allowing foreign currency transactions for cross-border air and maritime services, free zone enterprises, exporters, and legally mandated cases. Non-compliance triggers penalties under Article 473 of the Penal Code, and the decree takes immediate effect upon sufficient public announcement.

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DECREE NO. 2007-276 repealing Decree No. 2006-844 of November 14, 2006 and fixing price display, the establishment of lease contracts and invoicing, and payment in Ariary.

THE PRIME MINISTER, HEAD OF GOVERNMENT Having regard to the Constitution, Having regard to Law No. 94-044 of June 10, 1994 on the Statutes of the Central Bank; Having regard to Law No. 2006-008 of August 2, 2006 on the Exchange Code; Having regard to Decree No. 2006-844 of November 14, 2006 fixing price display, the establishment of contracts and invoicing, and payment in Ariary; Having regard to Decree No. 2007-022 of January 20, 2007 on the appointment of the Prime Minister, Head of Government; Having regard to Decree No. 2007-025 of January 25, 2007 and Decree No. 2007-120 of February 19, 2007 on the appointment of members of the Government; Having regard to Decree No. 2003-166 of March 4, 2003 fixing the powers of the Ministry of Economy, Finance and Budget, as well as the general organization of its Ministry; On the proposal of the Minister of Economy, Finance and Budget,

IN COUNCIL OF GOVERNMENT, DECREES:

Article 1: This decree aims to fix price display, the establishment of lease contracts and invoicing, and payment in Ariary.

Article 2: Price display for goods and services provided within the national customs territory; residential and commercial lease contracts, and invoices issued by a resident natural or legal person are established in Ariary.

Payments for prices of contracts and invoices established within the national customs territory are made in Ariary.

Article 3: However, price display, the establishment of lease contracts and invoicing, and payment in foreign currency for the operations listed in the exhaustive cases below are authorized: • price display for cross-border air and maritime services, • the establishment of residential and commercial lease contracts by enterprises in industrial free zones and free enterprises, • the issuance of invoices by enterprises exporting goods and services to foreign countries or free enterprises, • price display and payment for prices of goods and services provided by legislative and regulatory texts.

Article 4: Non-compliance with the provisions of this decree is punishable by the penalties provided in Article 473 of the Penal Code.

Article 5: All prior provisions contrary to those of this decree are and remain repealed, including Decree No. 2006-844 of November 14, 2006 fixing price display, the establishment of contracts and invoicing, and payment in Ariary.

Article 6: Due to urgency and in accordance with the provisions of Article 4 of Ordinance No. 62-041 of September 19, 1962 on general provisions of domestic law and private international law, this decree enters into force immediately upon receiving sufficient publicity, notably through radio broadcast or posting independently of its publication in the Official Journal of the Republic of Madagascar.

Done in Antananarivo, on April 11, 2007. By the Prime Minister, Head of Government Charles RABEMANANJARA Acting Minister of Finance and Budget, ANDRIAMAHEFAPARANY Olivier Donat