2019-01-03
The Governor of the Bank of Angola, through its Payments System and Financial System Regulation Departments, issues Directive No. 01/DSP/DRO/2019 to establish calculation parameters, validity periods, and penalty structures for minimum guarantees across CCAA clearing subsystems. The directive mandates a one-calendar-month validity for most subsystems and a one-banking-day validity for the Direct Debit System (SDD), while defining quarterly historical reference periods and fixed penalty rates of 1% plus Kz 100,000 for non-compliance. It further sets specific penalty amounts of Kz 1,000 on the first day and Kz 2,000 for subsequent days for un-compensated checks caused by guarantee shortfalls, revokes prior conflicting directives, and takes effect upon publication.
THE GOVERNOR Considering the provisions of Instruction No. 01/2019, dated January 3, regarding Guarantees in the CCAA Subsistemas, this Directive serves to establish the following:
DATE 03/01/2019 SUBJECT: GUARANTEES IN THE CCAA SUBSISTEMAS PARAMETERS FOR DETERMINING MINIMUM GUARANTEES AND NON-COMPLIANCE PENALTIES
DIRECTIVE NO. 01/DSP/DRO/2019 Page 2 of 3 4. The parameters to be considered in the formula for calculating the minimum guarantee, defined in point 2.1 of Instruction No. 01/2019, dated January 3, are as follows: 4.1.for the STC and SCC: − k = between 1 (one) and 2 (two) − Gm = 40 (forty) million Kwanzas 4.2.for the SDD: − k = between 1 (one) and 2 (two) − Gm = 40 (forty) million Kwanzas 4.3.for the MCX: − k = 1,5 (one and a half) − Gm = 40 (forty) million Kwanzas 5. The historical reference data period for calculating the minimum guarantee for the CCAA subsistemas, with the exception of the SDD, is quarterly, corresponding to months m.4 to m.2, where m is the month of guarantee application and m.1 is the month in which its value is determined and communicated to participants. 6. The minimum guarantee for the SDD is calculated based on projected compensation values within the reference period spanning D-8 to D-1, taking into account future debit information provided to participants regarding the compensation date within the subsistema. 7. The parameters to be considered in the formula for calculating the non-compliance penalty regarding the establishment and use of the minimum guarantee, defined in point 5 of Instruction No. 01/2019, dated January 3, are as follows: − x% = 1% − 𝑉𝑚 = Kz 100.000,00 (one hundred thousand Kwanzas)
DIRECTIVE NO. 01/DSP/DRO/2019 Page 3 of 3 8. The value to be considered for the penalty on each un-compensated check due to insufficient guarantee, as defined in point 7 of Instruction No. 01/2019, dated January 3, is Kz 1.000,00 (One Thousand Kwanzas) on the first day compensation is not possible and Kz 2.000,00 (Two Thousand Kwanzas) for subsequent days. 9. If the situation mentioned in the preceding point persists in the following clearing session, the check is rejected by the CCAA operator and returned to the remitting bank. 10.Non-compliance with this Directive is punishable under Law No. 5/05, dated July 29 – Payments System Law, and Law No. 16/10, dated July 15 – Bank of Angola Law, along with complementary legislation. 11.Directive No. 06/DSP/15 and Directive No. 03/DSP/16 are revoked, as is any regulation that contradicts the provisions of this Directive. 12.This Directive enters into force on the date of its publication. Luanda, January 3, 2019. PAYMENTS SYSTEM DEPARTMENT ________________________________________ Edgar Bruno Gomes José da Costa -Director- FINANCIAL SYSTEM REGULATION AND ORGANIZATION DEPARTMENT ________________________________________ Carla Gomes -Director-