2023-08-10
The National Bank of Angola issued Instruction No. 11/2023 to establish detailed technical requirements for banking financial institutions to calculate regulatory capital for credit and counterparty credit risk, define applicable risk classes and weighting factors, and mandate quarterly individual and consolidated reporting. The directive introduces transitional provisions requiring a gradual 100% risk weighting for non-national currency exposures to the Angolan State and the central bank by January 2027, while repealing conflicting prior regulations and specifying sanctions for non-compliance. It further standardizes the methodology for off-balance sheet exposures, derivative instruments, credit risk mitigation, and external credit assessments across all prescribed risk categories.
CONTINUATION OF INSTRUCTION NO. 11/2023 Page 1 of 78 INSTRUCTION NO. 11/2023 of 09 August SUBJECT: FINANCIAL SYSTEM
CONTINUATION OF INSTRUCTION NO. 11/2023 Page 2 of 78 May, Law on the General Regime of Financial Institutions. 3. Definitions Without prejudice to the definitions established in Law No. 14/21 of 19 May, Law on the General Regime of Financial Institutions, for the purposes of this Instruction, the following shall be understood as: 3.1. Netting Agreements: any written bilateral agreement between an Institution and a counterparty that creates a single legal obligation covering all bilateral agreements and transactions included therein. 3.2. External Rating Agency: entity that conducts external credit risk assessments, at the request of the denoted party or on its own initiative. 3.3. Credit Risk Assessment: prospective opinion on credit quality in general or of a specific issuance by a borrower, focusing on the analysis of the borrower's capacity and willingness to honor its financial commitments at maturity dates. 3.4. Novation Contract: bilateral contract between an Institution and a counterparty, under which reciprocal rights and obligations are automatically offset, such that in each novation a single net amount is fixed, giving rise to a new single, legally binding contract that extinguishes the previous contracts. 3.5. Minimum Lease Payments: payments during the lease term that are or may be required to be made by the lessee, excluding contingent rent, costs related to services and taxes paid by the lessor and subsequently reimbursed to it, together with: a) For the lessee, any amounts guaranteed by the lessee or by a party related to the lessee; or, b) For the lessor, any residual value guaranteed to the lessor by: i. The lessee; ii. A party related to the lessee; or, iii. An unrelated third party that is financially capable of fulfilling the obligations under the guarantee. 3.6. Items in Collection: cash in the form of checks or other instruments in the process of clearing.
CONTINUATION OF INSTRUCTION NO. 11/2023 Page 3 of 78 under the guarantee. 4. Regulatory Capital Requirement for Credit Risk and Counterparty Risk 4.1. Institutions must calculate the regulatory capital requirement for credit risk and counterparty risk, as provided in Article 30 of Notice No. 08/21 of 05 July on Prudential Requirements, in accordance with the annexes to this Instruction. 4.2. For the purposes of calculating off-balance sheet positions, the instruments described in Annex II must be considered, and particularly for financial derivative instruments, counterparty credit risk must be considered, in accordance with Annex III, both of this Instruction. 4.3. Without prejudice to the preceding sub-point, the calculation of risk positions and the amount of risk-weighted positions must consider credit risk mitigation, in accordance with Annex IV, as well as the use of credit assessments, in accordance with Annex V, both of this Instruction. 5. Reporting 5.1. Institutions must report the information required in Article 30 of Notice No. 08/21 of 05 July on Prudential Requirements, on an individual and consolidated basis, quarterly, using the forms and filling notes attached to this Instruction. 5.2. For the purposes of the preceding sub-point, in the case of a financial group, the parent company must report the information, in accordance with the consolidation perimeter provided in Article 5 of Notice No. 08/21 of 05 July on Prudential Requirements.
CONTINUATION OF INSTRUCTION NO. 11/2023 Page 4 of 78 5.3. Institutions that, due to the nature of their activity, do not have information to report to the National Bank of Angola, must declare this fact using the forms attached to this Instruction. 5.4. Institutions must ensure that the data reported in the tables attached to this Instruction are properly documented. 6. Sanctions Non-compliance with the provisions established in this Instruction constitutes a regulatory offense punishable under Law No. 14/21 of 19 May, Law on the General Regime of Financial Institutions. 7. Transitional Provisions 7.1. For the purposes of Calculation and Regulatory Capital Requirement for Credit Risk and Counterparty Credit Risk, banking financial institutions must weight 100%, starting from 01 January 2027, gradually, risk positions on central government, notably the Angolan State and the National Bank of Angola, that are not denominated and financed in national currency, as follows: a) 35% (thirty-five percent) until 31 December 2023; b) 50% (fifty percent) until 31 December 2024; c) 75% (seventy-five percent) until 31 December 2025; and, d) 85% (eighty-five percent) until 31 December 2026. 7.2. Institutions must report the information required in Article 30 of Notice No. 08/21 of 05 July on Prudential Requirements, on an individual and consolidated basis, quarterly. 8. Repeal All regulation contrary to the provisions of this Instruction is hereby repealed, notably Instruction No. 07/2023 of 14 July on Calculation and Regulatory Capital Requirement for Credit Risk and Counterparty Credit Risk and respective Periodic Reporting.
CONTINUATION OF INSTRUCTION NO. 11/2023 Page 5 of 78 Credit Risk and Counterparty Credit Risk and respective Periodic Reporting. 9. Doubts and Omissions Doubts and omissions resulting from the interpretation and application of this Instruction are resolved by the National Bank of Angola. 10. Entry into Force This Instruction enters into force on the date of its publication. PUBLISH Luanda, 09 August 2023 THE GOVERNOR MANUEL ANTÓNIO TIAGO DIAS
CONTINUATION OF INSTRUCTION NO. 11/2023 Page 6 of 78 ANNEX I Calculation of Risk-Weighted Amounts
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CONTINUATION OF INSTRUCTION NO. 11/2023 Page 8 of 78 d) Corporates This class is composed of private law entities, resident and non-resident, that carry out non-financial or non-insurance activity. e) Retail Portfolio i. The retail portfolio includes risk positions on individuals, or on small and medium-sized enterprises, which must cumulatively meet the following conditions:
CONTINUATION OF INSTRUCTION NO. 11/2023 Page 9 of 78 g) Past-Due Items i. Unsecured portion of any risk position that the institution considers that there is a reduced probability of the debtor fully fulfilling its obligations or whose maturity date occurred more than 90 (ninety) days ago and whose past-due value is above a limit of 15,000.00 AKZ (fifteen thousand Kwanzas), net of impairments and any values deducted from the book value; ii. The limit defined in the preceding point may be adjusted to the institution's reality whenever it can demonstrate to the National Bank of Angola that another value is more appropriate; iii. For the purposes of defining the secured portion of the risk position, eligible risk mitigation techniques in accordance with Annex IV of this Instruction are permitted. h) Mortgage Bonds or Public Sector Bonds i. Mortgage bonds consist of bonds secured by mortgages, where the guarantee meets the conditions set out in Annex IV of this Instruction; ii. Public sector bonds consist of bonds secured by central governments and other administrations, where the guarantee meets the conditions set out in Annex IV of this Instruction. i) Other Elements The remaining balance sheet and off-balance sheet exposures must be incorporated into this risk class. j) Risk Weights 7. Institutions must apply the following risk weights to their risk positions according to the classes to which they belong, as provided in the preceding paragraph:
CONTINUATION OF INSTRUCTION NO. 11/2023 Page 10 of 78 a) Public Entities i. Central Governments
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CONTINUATION OF INSTRUCTION NO. 11/2023 Page 13 of 78 5. When the competent authorities of a third country, with regulation and supervision equivalent to those applied by the National Bank of Angola, treat risk positions on public sector entities as risk positions on their respective central government, Institutions may apply the central government weight to risk positions on public sector entities. b) Organizations i. a weight of 0% (zero percent) must be applied to risk positions on international organizations and multilateral development banks mentioned in Annex VI of this Instruction. ii. if the provision in the preceding point does not apply, risk positions on multilateral development banks are treated as positions on Institutions. iii. if the provision in point i. of this paragraph does not apply, risk positions on international organizations are treated as positions on Corporates. c) Institutions i. for risk positions on institutions for which a credit risk assessment has been established by an external rating agency, a weight must be applied in accordance with Table 03. Table 03 Credit Quality Grade 1 2 3 4 5 6 Risk Weight 20% 50% 50% 100% 100% 150% ii. if the provision in the preceding point does not apply, a weight of 100% (one hundred percent) must be applied to risk positions on Institutions. iii. if the risk weight assigned to risk positions on the central government of the country where the institution is established differs from that presented in points i. or ii. of this paragraph, as applicable, the higher of the weights must always be assigned. iv. for short-term risk positions on Institutions with an initial maturity not exceeding 3 (three) months, for which a short-term credit risk assessment has been established by an external rating agency, a weight must be applied in accordance with Table 04. Table 04 Credit Quality Grade 1 2 3 4 5 6 Risk Weight 20% 20% 20% 50% 50% 150% v. whenever the assessment mentioned in the preceding point is not available, a weight of 20% (twenty percent) must be applied.
CONTINUATION OF INSTRUCTION NO. 11/2023 Page 14 of 78 d) Corporates i. for risk positions on corporates for which a credit risk assessment has been established by an external rating agency, a weight must be applied in accordance with Table 05. Table 05 Credit Quality Grade 1 2 3 4 5 6 Risk Weight 20% 50% 100% 100% 150% 150% ii. if the provision in the preceding point does not apply, a weight of 100% (one hundred percent) must be applied to risk positions on corporates. iii. if the risk weight assigned to risk positions on the central government of the country where the corporate is established differs from that established in points i. or ii. of this paragraph, as applicable, the higher of the weights must always be assigned. iv. for short-term risk positions on corporates, for which a credit risk assessment d
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