Decree No. 49/2017 of September 11 – Reviews the Regulations of Law No. 11/2009 (Exchange Law) and Revokes Decree No. 83/2010

BOLETIM DA REPÚBLICA OFFICIAL PUBLICATION OF THE REPUBLIC OF MOZAMBIQUE SUMÁRIO Council of Ministers:
Decree No. 48/2017:
Amends Articles 4, 7, 8, 9 and 15 of Decree No. 60/2016 of December 12, which establishes the Agency for Investment and Export Promotion, abbreviated as APIEX, and adds Article 9A. Decree No. 49/2017:
Reviews the Regulations of Law No. 11/2009 of March 11, Exchange Law, and revokes Decree No. 83/2010 of December 31.
Resolution No. 38/2017:
Recognizes the Goodbye Malária Foundation as a legal entity with juridical personality and approves its respective Statutes.
Monday, September 11, 2017 I SERIES — Number 142 COUNCIL OF MINISTERS Decree No. 48/2017 of September 11 Becoming necessary to proceed with the revision of Decree No. 60/2016 of December 12, which establishes the Agency for Investment and Export Promotion, under the provisions of paragraph 2 of Article 82 of Law No. 7/2012 of February 8, the Council of Ministers decrees:
Article 1
(Amendment)
Articles 4, 7, 8, 9 and 15 of Decree No. 60/2016 of December 12, which establishes the Agency for Investment and Export Promotion, abbreviated as APIEX, are amended, and shall henceforth read as follows:
“Article 4
(Powers)
APIEX shall have the following powers:
a) ………………
NOTICE
The matter to be published in the «Boletim da República» must be submitted as a duly authenticated copy, one for each subject matter, which shall include, in addition to the necessary indications for this purpose, the following endorsement, signed and authenticated: For publication in the «Boletim da República». NATIONAL PRESS OF MOZAMBIQUE, E.P. b) The promotion and coordination of actions related to the creation, development and management of Special Economic Zones (SEZs) and Industrial Free Zones (IFZs); c) ………………
Article 7
(Oversight)

1. ………………
2. The oversight referred to in the preceding paragraph comprises, namely, the competence to perform the following acts:
   a) ……………… b) ……………… c) ……………… d) ……………… e) Appoint and dismiss National Directors, Heads of Autonomous Central Departments, Provincial Delegates and Representatives of APIEX; f) Exercise disciplinary action over the holders of the offices referred to in the preceding subparagraph; g) Approve all acts that, under the law, require prior authorization from the supervisory authority.
3. ………………
4. ………………
   Article 8
   (Management)
   The administrative, financial and patrimonial management of APIEX is carried out based on:
   a) General and specific applicable legislation; b) The Organic Statute and the Internal Regulations; c) Activity plans and budgets.
   Article 9
   (Direction)
5. ……………….
6. The General Director has a term of four years, renewable once.
7. ……………….
   Article 15
   (Personnel Regime)
8. ……………….
9. State employees may perform functions at APIEX through mobility, maintaining acquired rights as of the date of their transfer.”
   Article 2
   (Addition)
   Article 9A is added with the following wording:

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Article 9A
(Advisory Bodies)
The following advisory bodies operate at APIEX:
a) Advisory Council, with the function of strategic planning and coordination of the joint action of the institution; b) Technical Council, with the function of multi-sectoral coordination in matters of attraction, promotion and facilitation of investments, and export promotion; c) Management Board, with the function of supporting the General Director in the management and coordination of the institution's activities.
Article 3
(Entry into force)
This Decree enters into force on the date of its publication.
Approved by the Council of Ministers, on August 15, 2017.
Publish it.
The Prime Minister, Carlos Agostinho do Rosário.
Decree No. 49/2017 of September 11
Having the need to review the Regulations of Law No. 11/2009 of March 11, Exchange Law, approved by Decree No. 83/2010 of December 31, in order to allow the exercise of the function of Exchange Authority of the Republic by the Bank of Mozambique, under the provisions of paragraph 5 of Article 143 of the Republic Constitution and Article 28 of Law No. 1/92 of January 3, which defines the nature, objectives and functions of this institution, the Council of Ministers, using the powers conferred upon it by subparagraph f) of paragraph 1 of Article 204 of the Republic Constitution, decrees:
Article 1
(Exchange Operations)

1. Capital operations, as so qualified in paragraph 5 of Article 6 of the Exchange Law, as well as those that, although not so qualified, are listed in paragraph 3 of Article 6 of the said Law, are subject to prior authorization by the Bank of Mozambique.
2. For the purposes of the preceding paragraph, the Bank of Mozambique approves the classificatory table of exchange operations and establishes the terms and conditions of the authorization referred to in the preceding paragraph.
   Article 2
   (Exchange Trading)
   With a view to the exercise of exchange trading activities by authorized entities, under Article 7 of the Exchange Law, the Bank of Mozambique defines their respective terms and conditions.
   Article 3
   (Entry and exit of foreign currency)
   The declaration of entry into the national territory, as well as exit, of foreign currency and other means of payment to/from abroad, must respect the limits and conditions set by the Bank of Mozambique.
   Article 4
   (Remittance of exchange assets)
   The remittance of revenues from the export of goods and services and investment income generated or held abroad is subject to the terms and conditions to be defined by the Bank of Mozambique.
   Article 5
   (Regulation)
   The Bank of Mozambique, in the exercise of its function as exchange authority, approves the remaining rules and procedures with a view to implementing the Exchange Law.
   Article 6
   (Revocation)
   Decree No. 83/2010 of December 31 is revoked, as well as all legislation that conflicts with this Decree.
   Article 7
   (Entry into force)
   This Decree enters into force 90 days from the date of its publication.
   Approved by the Council of Ministers, on August 15, 2017.
   Publish it.
   The Prime Minister, Carlos Agostinho do Rosário.
   Resolution No. 38/2017 of September 11
   Having a request been submitted for the establishment of a Foundation to support communities in combating malaria, under the provisions of paragraph 2 of Article 158 of the Civil Code, the Council of Ministers determines:
   Article 1. The Goodbye Malária Foundation is recognized as a legal entity with juridical personality.
   Art. 2. The Statutes of the Goodbye Malária Foundation, attached hereto, are approved and form an integral part of this Resolution.
   Approved by the Council of Ministers, on August 8, 2017.
   Publish it.
   The Prime Minister, Carlos Agostinho do Rosário.
   Statutes of the Goodbye Malária Foundation
   CHAPTER I
   Name, Legal Nature, Scope, Headquarters and Objectives
   Article 1
   (Name and legal nature)
   The Goodbye Malária Foundation is a private law collective person, non-profit and of social interest, endowed with juridical personality, with administrative, financial and patrimonial autonomy, governed by these statutes, internal regulations and applicable legislation.

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Article 2
(Scope, headquarters and duration)
The Goodbye Malária Foundation is of national scope, with headquarters at Maputo, Rua da Sé No. 114, 1st Floor, Door 111, established for an indefinite period, and may open and maintain branches anywhere in the Country, subject to deliberation by the Board of Directors.
Article 3
(Objectives)
The objectives of the Goodbye Malária Foundation are:
a) Distribution of mosquito nets, insecticides and any other means of prevention and combating malaria that are in accordance with the National Malaria Control Program; b) Supporting communities in combating malaria; c) Educating and raising awareness about means of prevention and combating malaria; d) Any other measures aimed at preventing and combating malaria.
Article 4
(Founding Institutions)
The Goodbye Malária Foundation is established by Mr. Victor Joabe Cossa and Mr. Bonifácio Salvador Manjate, both of Mozambican nationality, domiciled in the City of Maputo, as well as by the South African foundation named Goodbye Malária, with headquarters at Lorenztville, Johannesburg.
CHAPTER II
Bodies, Their Holders, Competence and Operation
Article 5
(Bodies)
The Foundation's bodies are:
a) The Board of Trustees; b) The Board of Directors; c) The Supervisory Council.
SECTION I
Board of Trustees
Article 6
(Nature, composition and operation)

1. The Board of Trustees is the body defining the policies and objectives guiding the Foundation, composed of a minimum of three and maximum of five founding members, all to be appointed by the Founding Institution Goodbye Malária.
2. The Board of Trustees designates one of its members as President.
3. Vacancies occurring in the Board of Trustees, due to death, incapacity, suspension of mandate, exclusion or resignation of a member, are filled by consensus personalities of recognized merit, moral integrity and competence in any of the Foundation's fields of activity, to be appointed by the Founding Institution Goodbye Malária.
   Article 7
   (Operation)
4. The Board of Trustees meets twice a year, once in each semester, and exceptionally whenever convened by its President, on his own initiative, or at the request of one third of its members or the Board of Directors.
5. The decisions of the Board of Trustees are taken by majority, with its President having a casting vote.
6. Members of the Board of Trustees may be represented by another member, upon written communication addressed to the President.
   Article 8
   (Remuneration)
7. The functions of member of the Board of Trustees are not remunerated, but subsidies for attendance and cost allowances may be attributed to them, in an amount fixed by the Board of Trustees, obtained the favorable opinion of the Founding Institution Goodbye Malária.
8. The Board of Trustees may request the presence of members of the Board of Directors at its meetings, who, however, do not have voting rights.
   Article 9
   (Competence of the Board of Trustees)
   The Board of Trustees is competent to:
   a) Ensure the maintenance of the inspiring principles of the Foundation and define general guidelines on its operation, investment policy and realization of the Foundation's objectives; b) Appoint members of the Board of Directors and the Supervisory Council; c) Issue general guidelines on the Project of Activity Plan and budget for the following year, prepared by the Board of Directors; d) Analyze and approve the report, balance sheet and accounts for the fiscal year, prepared by the Board of Directors, and submitted to its appreciation together with the opinion of the Supervisory Council; e) Review investments or other relevant operations and initiatives proposed by the Board of Directors that are not included in the approved activity plan and budget for the respective year; f) Deliberate on the modification of the statutes and dissolution of the Foundation.
   SECTION II
   Board of Directors
   Article 10
   (Nature, composition and operation)
   The Board of Directors is the administrative body of the Foundation, composed of five members, one of whom shall be designated as General Director.
   Article 11
   (Mandate)
   The mandate of the Board of Directors' bodies is five years, and may be renewed successively.
   Article 12
   (Operation and Convocation)
   The Board of Directors meets quarterly, and exceptionally whenever convened by its President with a minimum advance notice of three days.

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Article 13
(Powers)
The Board of Directors is competent to:
a) Convene the Board of Directors upon proposal by the President; b) Comply with and enforce the statutory provisions and legal provisions as well as the decisions of the Board of Trustees; c) Prepare action plans, accounts reports, annual budget and submit them for approval by the Board of Trustees; d) Maintain permanent contacts with competent Government bodies, local and central, providing reports on the Foundation's operation, under applicable law.
SECTION III
Supervisory Council
Article 14
(Nature, composition and operation)
The Supervisory Council is the body for controlling the Foundation's activities, composed of three members, namely a President, a Vice-President and a rapporteur, elected for a term of five years, renewable.
Article 15
(Operation)

1. The Supervisory Council meets whenever necessary, under the convocation of its President.
2. The President of the Supervisory Council may attend meetings of the Board of Directors whenever necessary.
   Article 16
   (Powers)
   The Supervisory Council is competent to:
   a) Exercise audits of activities and accounts, verify compliance with the statutes and other directives of the Foundation; b) Examine the deeds and documentation of the Foundation whenever deemed appropriate; c) Issue an opinion on the report, balance sheet and accounts for the fiscal year, activity programs and budget presented by the Board of Directors; d) Verify whether the bodies are complying with the provisions of the Foundation's statutes; e) Request the convocation of the Board of Directors in extraordinary session when deemed appropriate; f) Present the report on its Council's activities.
   CHAPTER III
   Funds, Patrimony and Initial Capital
   Article 17
   (Funds)
3. The Foundation's funds consist of all amounts received from donors and third parties, gratuitously, by any private entities, national or foreign, and all reserves provided for in the Law that, under these statutes or by decision of the Board of Trustees, are constituted as a complementary reinforcement of the Foundation's funds.
4. The Foundation's funds must be used exclusively to promote the Foundation's objectives.
   Article 18
   (Patrimony)
5. The Foundation's patrimony consists of all assets and rights accruing to it, gratuitously or for consideration, by any entities, whether public or private, national or foreign, and all reserves provided for in the Law that, under these statutes or by decision of the Board of Trustees, are constituted as a complementary reinforcement of the patrimony.
6. The Foundation's patrimony must be used to promote the Foundation's objectives.
7. The Foundation's patrimony is allocated for specific purposes and is subject to particular investment conditions, as agreed between potential donors and the Foundation, in which case the terms of the agreement must be compatible with these statutes, internal regulations and applicable legislation.
   Article 19
   (Initial capital)
   The Goodbye Malária Foundation has an initial capital of 10,058,492.53 MZN (Ten million, fifty-eight thousand, four hundred and ninety-two meticais, fifty-three cents), according to bank statement of April 13, 2016, from bank account number MZN-1136214651001 - Standard Bank.
   CHAPTER IV
   Final Provisions
   Article 20
   (Dissolution and liquidation)
8. The dissolution of the Foundation is carried out by the Board of Trustees, expressly convened for this purpose upon approval of two thirds of the existing members, obtained the favorable opinion of the Founding Institution Goodbye Malária.
9. The liquidation of the Foundation's patrimony and the channeling of assets is ensured by the Board of Directors in office.
10. Liquidation must be carried out within six months after the deliberation and dissolution.
    Article 24
    (Omitted Cases)
    Any matter not addressed in these Statutes shall be governed by the prevailing legislation on the subject.
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