2003-11-13
Added
This Decree-Law establishes the US dollar as the official currency of Timor-Leste and designates US dollar banknotes, US dollar metallic coins, and Centavos metallic coins issued by the Banking and Payments Authority as the sole legal tender for all public and private debts. It mandates that all goods, services, and financial records be denominated in US dollars and requires exclusive payment in this official currency, while allowing the Banking and Payments Authority to restrict maximum payment limits for small-denomination metallic coins or banknotes. The law prohibits the import or export of cash exceeding amounts determined by Administrative Instructions without specific authorization, subject to administrative fees and potential refusal based on criminal history or insolvency. Violations regarding pricing, accounting, or cash movement incur penalties of up to US$ 5,000 per offense, confiscation of foreign currencies, and mandatory confiscation of counterfeit currency, with a review procedure allowing for appeals and reimbursement of wrongly imposed fines.
BCTL published 1 document in the last 30 days — get each new one by email the day it lands.
DEMOCRATIC REPUBLIC OF TIMOR-LESTE GOVERNMENT _________ DECREE-LAW No. 20/2003 Of 13 November 2003 ON THE LEGAL TENDER IN TIMOR-LESTE The purpose of the present Decree-Law is to strengthen the conditions of stability of the economy of Timor-Leste through the clear identification of the legal tender in circulation in the country, including the metallic coins issued by the Banking and Payments Authority of Timor-Leste, to prevent the unlawful circulation of coins (official or foreign) in the form of cash through the borders of Timor-Leste, to fight against the emergence of counterfeit currency, to avoid money laundering practices in Timor-Leste and to ensure economic stability which is associated with the existence of a stable monetary regime and with a freely convertible currency. Thus, under the provision of Section 115, paragraph 3 of the Constitution, the Government of the Democratic Republic of Timor-Leste enacts the following to be valid as law:
Section 1
Definitions
Wherever used in the text of this Decree-Law, the following terms shall have the following meanings:
(a) “Banking and Payments Authority” means the Banking and Payments Authority of Timor-Leste, an entity created by UNTAET Regulation No. 2001/30, which must be considered, for the purposes of the present Decree-Law, as the institution that discharges the functions of a central bank in the Democratic Republic of Timor-Leste, pursuant to the provisions of Section 143 of the Constitution of the Democratic Republic of Timor-Leste. (b) “Centavo” means the legal tender metallic coins issued by the Banking and Payments Authority, pursuant to the provisions of Section 50 of UNTAET Regulation No. 2001/30.
(c) “Foreign Currency(ies)” means any currency other than the official currency of Timor-Leste as specified in the present Decree-Law. (i) “Official currency of Timor-Leste” means the currency in legal tender in the Democratic Republic of Timor-Leste as specified in Section 2 of the present Decree-Law. (ii) “Cash” means bank notes and coins whether they are the official currency of the Democratic Republic of Timor-Leste or a foreign currency. (d) “Person” means:
i. A natural person;
ii. A company or other legal entity of similar nature, of an
individual or corporate nature;
iii. Any other entity, association or organisation, whether or
not endowed with juridical personality.
(e) “Transaction” means any act of civil or commercial activity between two parties from which a financial obligation or payment in Timor-Leste arises, with the exception of transactions performed by banking entities or by duly licensed currency exchange agents. (i) “Currency Exchange” means an exchange operation involving different currencies, including the purchase and selling of coins, bank notes, traveller cheques and similar negotiable instruments. (f) “US dollar” or “US$” means the official currency of the United States of America.
Section 2
Legal Tender
Section 3
Power to Withdraw Legal Tender from Circulation
Section 4
Prices of and Payments for Goods and Services
from the Banking and Payments Authority to effect such import or export under the terms of the present Decree-Law.
Section 7
Authorisation Procedure to Import and Export Cash
(b) Insolvency proceeding on the part of the applicant whether in Timor-Leste or abroad; (c) Determination by the Banking and Payments Authority that the applicant has been party to a transaction in breach of this or any other law, regulation or instruction relating to banking activities or exchange transactions in TimorLeste; (d) Failure on the part of the applicant to establish a valid justification to import or export a certified amount of cash and its intended use in Timor-Leste or abroad; or (e) Failure on the part of the applicant to comply with one of the requirements imposed by the official issuing entity of the foreign currency, namely, concerning the restrictions on the import or export of this currency to or from his/her country of origin.
4. Any failure by the holder of an authorisation to comply with any
of the conditions and requirements established by the Banking and Payments Authority in connection with such import/export authorisation shall render the authorisation immediately void, and the authorisation shall be promptly surrendered to the Banking and Payments Authority upon the demand by the DirectorGeneral thereof, and no fees paid in connection therewith shall be refundable to the applicant or holder of such authorisation.
5. Without prejudice to any provision of Section 7 of the present
Decree-Law, no authorisation shall be required for any person to own, possess or dispose of any amount in foreign currency, whether in cash or in a bank or any other type of account, whether situated in the Democratic Republic of Timor-Leste or abroad.
Section 8
Additional Provisions on Currency Exchange Transactions The Banking and Payments Authority shall have the power to apply, to the same extent and with the same effect, the provisions of UNTAET Regulation No. 2000/5, to all persons involved in currency exchange, irrespective of whether such person shall have obtained from the Banking and Payments Authority an authorisation
to act as a currency exchange agent in accordance with the provisions of such Regulation.
Section 9
Offences and Penalties
Any failure to fully comply with the provisions of the present
Decree-Law shall constitute a violation to the law and shall result in its prompt sanctioning by all means available to the Democratic Republic of Timor-Leste, including its judicial instances, Customs and border services.
A person who commits an offence in relation to Section 4 of the
present Decree-Law shall, in addition to other civil and criminal penalties, be subject to a penalty not exceeding US$ 5,000 per offence, as determined by the Director-General of the Banking and Payments Authority.
A person who commits an offence in relation to Section 5 of the
present Decree-Law shall, in addition to other civil and criminal penalties, be subject to a penalty not exceeding US$ 5,000 per offence, as determined by the Director-General of the Banking and Payments Authority.
A person who commits and offence in relation to Section 6 of the
present Decree-Law shall, in addition to other civil and criminal penalties, be subject to the following administrative penalties:
(a) The confiscation of all foreign currencies imported or intended to be exported in violation of the present DecreeLaw, and the confiscated foreign currencies shall be forfeited to and shall become the property of the Government of the Democratic Republic of Timor-Leste if, within a period of thirty days after its confiscation, the legitimate property of this cash shall not have been duly established. (b) A penalty not exceeding US$ 5,000 per offence, as determined by the Director-General of the Banking and Payments Authority.
Any person involved in currency exchange, whether as a licensed
currency exchange bureau pursuant to UNTAET Regulation No. 2000/5 or otherwise, who violates any provision of UNTAET Regulation No. 2000/5, shall be guilty of an administrative offence. A person who commits an offence as set forth in this
Section 9.5 shall, in addition to other civil and criminal penalties,
be subject to the payment of a penalty not exceeding US$ 5,000 per offence, as determined by the Director-General of the Banking and Payments Authority.
Section 10
Authority to Confiscate Counterfeit Currency
The Banking and Payments Authority, all of the public
institutions and their employees responsible for collecting public revenues, banks and other financial institutions as well as any other entities that provide cash-related services, such as currency exchange agents, transfer counters and similar operations in Timor-Leste, shall be obliged to confiscate any counterfeit currency, or suspect of being counterfeit, submitted to them, and, where the submission of counterfeit currency is not done in the Banking and Payments Authority itself, the person in question shall forward to this Authority the referred counterfeited, or suspected of being counterfeit, monetary specimen.
For purposes of Section 10.1 above, reference to “money” must
be understood as being cash, thus referring to both coins and notes that are legal tender in Timor-Leste, whether in foreign notes or in coins.
Section 11
Review Procedure
A person against whom a penalty is imposed or from whom cash
was confiscated (including any person, notwithstanding not being directly involved in the confiscation process, who submits legitimate evidence of being the owner of the confiscated cash) pursuant to Section 10 of the present Decree-Law may request the Director-General of the Banking and Payments Authority to review the confiscation process, which request shall:
(a) Be in writing and addressed to the Director-General of the Banking and Payments Authority within seven calendar days of the date of the imposition of such penalty or of the date of confiscation of cash; and (b) Include all such documentary evidence, namely, receipts, statements and such other information as may be relevant to the establishment of compliance with the requirements of the present Decree-Law, or, with respect to Section 9.5 of the present Decree-Law, the applicable provisions of UNTAET Regulation No. 2000/5.
2. Any decision by the Director-General of the Banking and
Payments Authority arising in connection with the procedures established under Section 11.1 of this Decree-Law shall be communicated in writing to the person making such submission within seven calendar days of the date of submission of the request for review, which decision, together with all documentary evidence, namely, receipts, statements and such other information provided by the person making the submission, shall constitute and be retained as the official record of the process of the review procedure.
3. A person whose submission under this Section 11.1 is rejected
may appeal to the relevant judicial instances within seven calendar days. The decision of the court possessing administrative competency on the matter shall be final.
4. Where it is administratively or judicially determined that any fine
or confiscation of cash are not applicable, the procedures imposed shall have been determined according to this Section 11:
(a) The amount of the penalty paid shall be reimbursed to the person thereof, plus the interests calculated from the period between the date of confiscation and the date of reimbursement, the interest fee exercised by the Banking and Payments Authority in the payment of the official deposits; and (b) The confiscated cash to which such determination applies shall be reimbursed to the person from whom the same was confiscated, provided, however, that under no circumstance the Banking and Payments Authority or the Government of the Democratic Republic of Timor-Leste
shall be summoned to respond to any damage, responsibility or any kind of compensation, including costs or expenses arising out of or in any way associated with the imposition of any penalty or confiscation of cash with respect to which compliance with the provisions shall have been subsequently determined in accordance with the present Section 11.
5. The obligation of establishing proper compliance with a provision
of the present Decree-Law shall rest upon the applicant.
Section 12
Use of Forfeited Funds and Penalties
2001/14 prior to the present date, shall remain in force until its revocation or substitution by new instructions, regulating statutes, permits and other actions issued or implemented within the framework of the present Decree-Law.
Section 15
Entry into force
The present Decree-Law shall enter into force on the day following its publication. Approved by the Council of Ministers on 29 October 2003. The Prime Minister [Signed] Mari Bim Amude Alkatiri Promulgated on 4 November 2003 To be published. The President of the Republic [Signed] Kay Rala Xanana Gusmão
Note from RegAlert. AI assistants can read this document in full, and search 70,000+ more, through the RegAlert MCP connector (https://mcp.regalert.today/mcp). Free with an account. How to connect ChatGPT, Claude or Cursor.
Source: Banco Central de Timor-Leste — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
More like this from BCTL
BCTL published 1 document in the last 30 days. We email you each new one the day it's published.
FX rules change often. Get an email the day any regulator we track changes its foreign-exchange rules.