2021-09-14
The National Bank of Angola issued Instruction No. 12/2021 to establish the regulatory framework and operational rules for cash withdrawals at Automated Payment Terminals (TPAs). The directive defines key terms, outlines three withdrawal operation types, and mandates specific commission structures, authorization procedures, and merchant obligations regarding banknote authenticity. It sets a 30-day activation window for banks, a 90-day transitional compliance period for EMIS certification, and subjects non-compliance to sanctions under Angola's Payment System and Financial Institutions laws.
INSTRUCTION NO. 12/2021 of September 14 SUBJECT: PAYMENT SYSTEM
CONTINUATION OF INSTRUCTION NO. 12/2021 Page 2 of 6 3. Definitions a) Acquirer – entity that accepts payment for goods and/or services with a payment card or without a card, but with a 10-digit reference and a secret code provided via Multicaixa Express, ATM or Homebanking, and that has entered into a contract with a commercial bank to carry out this service. b) Merchant Support Bank / Terminal Support Bank – commercial bank where the merchant's account is domiciled, into which payment operations resulting from the use of an Automated Payment Terminal are posted. c) Card Issuing Bank / Issuer – commercial bank that issues payment cards. d) Payment card or Card – payment instrument, in the form of a plastic card provided by an issuing commercial bank (the issuer), which enables its holder to carry out financial transactions, including payments for the purchase of goods and services as well as cash withdrawals, at terminals where it is accepted. e) Merchant – any legal entity that meets the conditions to be a card acquirer. f) Service Commission – commission paid by the cardholder for each cash withdrawal at TPA. g) EMIS – Interbank Services Company, the managing entity of the Multicaixa Arrangement. h) Automated Payment Terminal (TPA) – electromechanical equipment or software application that enables customers holding valid payment cards, or possessing a valid 10-digit reference and secret code, to make payments for the purchase of goods and services as well as cash withdrawals. 4. Cash Withdrawal Service at TPA 4.1. The Cash Withdrawal Service at TPA comprises three types of operations:
CONTINUATION OF INSTRUCTION NO. 12/2021 Page 3 of 6 a) Purchase with Cash Withdrawal at TPA; b) Card-based Cash Withdrawal at TPA; c) Cardless Cash Withdrawal at TPA. 4.2. The operations referred to in subpoint 4.1 may be carried out through: 4.2.1. presentation of the card; 4.2.2. use of the 10-digit reference and secret code obtained through a prior request made via Multicaixa Express, ATM or Homebanking. 5. Limits The regulatory limits on Operations Carried Out in Payment Systems apply to the Cash Withdrawal Service at TPA. 6. Commissions 6.1. In purchase with cash withdrawal operations at TPA, with or without a card, no commission is charged to the customer for the withdrawal. 6.2. In TPA cash withdrawal operations not associated with a purchase, with or without a card, a Service Commission is charged to the customer at 1% of the withdrawal value, with a minimum of Kz 50.00 (Fifty Kwanzas), which will be automatically transferred to the Merchant's bank account. 6.3. The Service Commission is charged automatically by the system during withdrawal processing, and the operation value is the total of the withdrawal amount plus the commission value; Merchants may not add the commission value at the time of processing the operation at the TPA. 6.4. Merchants are prohibited from charging any other commissions to customers for cash withdrawal operations at TPA.
CONTINUATION OF INSTRUCTION NO. 12/2021 Page 4 of 6 7. Operation Authorization 7.1. In purchase with cash withdrawal, the Issuing Bank authorizes the operation for the total amount (purchase and withdrawal), and may not authorize only the amount relating to the purchase or the withdrawal. 7.2. In card-based cash withdrawal at TPA, the Issuing Bank authorizes or refuses the operation based on the available funds in the customer's account, which must cover the withdrawal value and the commission to be charged to the customer. 8. TPA Operation Receipts Merchants must obligatorily provide customers who carry out operations via TPAs with the receipt issued by the TPA. 9. Refunds A refund may only be made for the value relating to a purchase of goods or services; no refund can be made on a withdrawal, regardless of whether it was carried out together with a purchase. 10. Merchant Contracting for Provision of Operations Described in this Instruction 10.1. The operations described in this Instruction are activated at Merchants' TPAs by the commercial banks that provide the TPAs, upon execution of an acceptance contract. 10.2. The Cash Withdrawal Service at TPA is governed by a Service Manual issued by EMIS. 10.3. The acceptance contracts executed between Merchants and commercial banks must provide, among other things, the following: 10.3.1. The obligation for Merchants providing the Cash Withdrawal Service at TPA to ensure the authenticity and quality of banknotes delivered to customers, being prohibited from delivering counterfeit or degraded notes; when received by Merchants, such notes must be immediately reported to the competent authority or deposited in a commercial bank, as applicable. 10.3.2. The obligation for commercial banks to ensure that Merchants have sufficient information to detect counterfeit notes. 10.3.3. The option for commercial banks to impose additional measures to ensure the verification of banknote authenticity by Merchants, depending on the withdrawal volumes occurring at each commercial establishment. 10.3.4. The obligation for commercial banks to inform Merchants of the parameters applicable to determining degraded notes, which are no longer fit for circulation and must therefore be deposited or exchanged at a commercial bank. 10.3.5. The obligation to display in commercial establishments, in a visible location, information informing the public about the availability of the TPA withdrawal service at their establishment; EMIS shall support banks in providing Merchants with the necessary materials for this purpose. 11. Service Activation Subject to the provisions of point 12 of this Instruction, Banks have a period of up to 30 (thirty) days to make the Cash Withdrawal Service at TPA available to their Merchant customers, from the date they request it. 12. Transitional Provisions Banks not yet certified by EMIS for providing the Cash Withdrawal Service at TPA to their Merchant customers must be in compliance within a period of up to 90 (ninety) days from the date this Instruction enters into force.
CONTINUATION OF INSTRUCTION NO. 12/2021 Page 6 of 6 13. Non-Compliance Non-compliance with the provisions of this Instruction is subject to sanctions provided for in Law No. 40/20 of December 16 – Payment System Law of Angola, and Law No. 14/21 of May 19 – General Regime Law for Financial Institutions. 14. Doubts and Omissions Doubts and omissions resulting from the interpretation and application of this Instruction are resolved by the National Bank of Angola, Payment Systems Department. 15. Entry into Force This Instruction enters into force on the date of its publication. PUBLISH. Luanda, September 14, 2021. THE GOVERNOR JOSÉ DE LIMA MASSANO