2019-11-06
The Bank of Angola issued Notice No. 10/2019 to update foreign exchange rules and procedures, granting greater efficiency and flexibility for individuals conducting cross-border payments. The regulation establishes specific licensing exemptions, annual limits of USD 120,000 for resident individuals, and detailed documentation requirements for current invisibles, goods imports, and capital operations. It mandates that banking financial institutions verify client capacity, ensure proper SINOC registration, and enforce anti-money laundering compliance while streamlining the approval process for private foreign currency transactions.
PUBLISHED IN THE OFFICIAL GAZETTE, FIRST SERIES, NO. 131, OF NOVEMBER 6, 2019 NOTICE NO. 10/2019 SUBJECT: FOREIGN EXCHANGE POLICY
Given the need for the Bank of Angola to update its rules and procedures in order to confer greater efficiency and flexibility in making payments abroad for foreign exchange operations of current invisibles, goods, and capital, ordered by resident and non-resident individuals; Considering that Notice No. 13/13 of August 6 establishes the rules and procedures to be observed in carrying out foreign exchange operations for current invisibles; In exercise of the competence conferred upon me by the combined provisions of paragraph 2 of Article 28 of Law No. 5/97 of July 27 - Foreign Exchange Law, and Article 40 of Law No. 16/10 of July 15 - Bank of Angola Law, I DETERMINE:
CHAPTER I General Provisions
Article 1. (Object)
CONTINUATION OF NOTICE NO. 10/2019 Page 2 of 13 This Notice establishes the rules and procedures to be observed in purchasing foreign currency for carrying out foreign exchange operations by individuals, namely:
CONTINUATION OF NOTICE NO. 10/2019 Page 3 of 13 (Scope) The recipients of the provisions contained in this Notice are the parties involved in carrying out foreign exchange operations, namely: a) Individuals ordering the aforementioned operations; b) Intermediary Banking Financial Institutions in the aforementioned operations. Article 3. (Definitions) For the purposes of this Notice, it is understood that: a) Foreign Exchange Coverage: availability in foreign currency intended for the settlement of a foreign exchange operation. b) Financial Institution: Banking or non-banking Financial Institution that, under Law No. 12/2015 of June 17, may exercise foreign exchange trade within its corporate object and has been licensed for this purpose by the Bank of Angola. c) Foreign Exchange Settlement: payment or other form of extinguishment of a foreign exchange obligation. d) Licensing: administrative process by which authorization is granted to the Financial Institution to settle a current invisible operation, which under this Notice is not exempt from prior authorization by the Bank of Angola. e) Foreign Exchange Operation: any act, transaction, or transfer carried out between a resident and non-resident individual, which may result in payment or receipt abroad, or which is simply qualified by law as such. f) Personal Capital Operations: transfers or transactions to and from abroad, relating to gifts, inheritances, legacies, dowries, and loans of exclusively civil nature, as well as the Payment of installments due by insurance companies resulting from direct life insurance contracts, with the exception of pensions and annuities which are classified as current invisible operations;
CONTINUATION OF NOTICE NO. 10/2019 Page 4 of 13 g) Resident Individual: as defined in paragraph 1 of Article 4 of Law No. 5/97 of June 27, Foreign Exchange Law, including a foreign citizen individual residing in Angola under a residence fixation visa. h) Non-Resident Individual: as defined in paragraph 2 of Article 4 of Law No. 5/97 of June 27, Foreign Exchange Law. i) Foreign Exchange Registry: collection, electronic processing, and maintenance of essential information regarding a foreign exchange operation, in the Integrated Foreign Exchange Operations System (SINOC). j) Income: receipts from the use of production factors, namely land, labor, and capital. k) Integrated Foreign Exchange Operations System (SINOC): automated information system made available by the Bank of Angola to Financial Institutions for the approval and licensing of foreign exchange contracts and registration of payments and receipts made. l) Transfer for Family Support or Maintenance of Physical Persons: sending of funds by a resident entity, intended for the maintenance of direct relatives who are financially dependent on residents in the country. m) Current Transfers - refer to financial flows sent abroad by private entities, without counterpart of goods, services, financial applications, or investment, namely, transfers for family support, educational, scientific and cultural purposes, health treatment, periodic contributions to professional bodies, as well as other transfers of identical nature. n) Transfers for Educational, Scientific and Cultural Purposes: sending of funds by a resident entity, with the purpose of covering expenses for persons who habitually reside in the country and are abroad fulfilling academic, professional or scientific training programs, including scholarships. The aforementioned transfers, in addition
CONTINUATION OF NOTICE NO. 10/2019 Page 5 of 13 to tuition or school fees, also include accommodation, food, transport and other costs of the same nature. o) Transfers for Health Treatment: sending of funds by a resident entity, intended to cover health treatment expenses abroad, including reimbursement of already incurred expenses, as well as the performance of medical examinations and other medical and laboratory services. p) Travel: expenses related to accommodation, food, and transport during the traveler's stay in the host country, provided that the period of stay is less than one year. Article 4. (Financial Intermediation) The intermediation of foreign exchange operations may only be carried out by a Banking Financial Institution authorized to exercise foreign exchange trade, within the framework of current legislation. Article 5. (Licensing)
CONTINUATION OF NOTICE NO. 10/2019 Page 6 of 13 (Responsibility of Financial Institutions in Processing Foreign Exchange Operations)
CONTINUATION OF NOTICE NO. 10/2019 Page 7 of 13 (Foreign Exchange Coverage and Settlement)
CONTINUATION OF NOTICE NO. 10/2019 Page 8 of 13 2. The following operations are exempt from the limit defined in paragraph 1 of this article, provided that the client's financial capacity for the requested values is ensured: a) Payment of health, education, and accommodation expenses when payments are made directly to the providers of these services; b) Transfer of accumulated resources by non-resident foreign citizens during their stay in the country, upon cessation of their residence in the country. CHAPTER II Operations Ordered by Resident Individuals Section I Current Invisible Operations
Article 11. (Evaluation of Operations)
CONTINUATION OF NOTICE NO. 10/2019 Page 9 of 13 3. In case of purchasing foreign currency for transferring resources by non-resident individuals in the country, at the end of their stay, Banking Financial Institutions must evaluate the reasonableness of the value of the requested transfer, considering the level of proven income earned by them during their stay in the country and transfers already made during this period. 4. For carrying out foreign exchange operations subject to this Notice, orderers must request the intervening Financial Institution to purchase foreign currency and/or transfer funds, indicating for this purpose their respective objective. 5. The presentation of supporting documentation is exempted for carrying out private foreign exchange operations, namely for travel expenses, unilateral private transfers, including for family support. Section II Capital Operations
Article 12. (Acquisition of Real Estate or Financial Assets)
CONTINUATION OF NOTICE NO. 10/2019 Page 10 of 13 d) Declaration by the Banking Financial Institution confirming that the client has no irregular debts registered in the Credit Risk Information Center (CIRC). 2. The licensing of operations does not imply any responsibility or commitment in making foreign exchange resources available for their settlement abroad. Article 13. (Contracting of Financing Abroad)
CONTINUATION OF NOTICE NO. 10/2019 Page 11 of 13 b) A declaration by the Banking Financial Institution confirming that the client has no irregular debts registered in the Central de Informação de Risco de Crédito (CIRC). Article 14. (Personal Capital Operations)
Article 15. (Current Invisible Operations)
Article 16. (Penalties) Violations of the provisions established in this Notice are punished in accordance with Law No. 5/97 of June 27 - Foreign Exchange Law, and Law No. 12/2015 of June 17 - Basic Law of Financial Institutions. Article 18. (Doubts and Omissions)
CONTINUATION OF NOTICE NO. 10/2019 Page 13 of 13 The Bank of Angola is responsible for clarifying doubts and omissions arising in the interpretation and application of this Notice. Article 19. (Repealing Norm) The articles of Notice No. 13/13 and its Annex, of August 6, and Guidance No. 1/03, of February 7 that contradict the provisions of this Notice are repealed, as well as Guidance No. 06/2018 of June 19, Directive No. 15/DSP/2011, and all other normative provisions that contradict what is established in this Notice. Article 20. (Entry into Force) This Notice enters into force 60 (sixty) days after the date of its publication. PUBLISH. Luanda, November 6, 2019. THE GOVERNOR JOSÉ DE LIMA MASSANO