Notice No. 05/2024 of 16 December

PUBLISHED IN THE OFFICIAL GAZETTE, 1ST SERIES, NO. 238, OF 16 DECEMBER 2024 NOTICE NO. 05/2024 SUBJECT: FINANCIAL SYSTEM − Provision of Safe Deposit Box Rental and Custody of Valuables Services

Whereas it is necessary to establish the terms and conditions that Banking Financial Institutions must observe when providing safe deposit box rental and custody of valuables services, aiming to ensure that they are covered by the rules on anti-money laundering (AML), counter-terrorism financing (CTF) and countering the proliferation of weapons of mass destruction (CPMD), as provided for in Law No. 05/20, of 27 January – AML, CTF and CPMD Law; Pursuant to the combined provisions of paragraph f) of paragraphs 1 and 2 of Article 9.º, of Law No. 14/21, of 19 May – General Regime for Financial Institutions Law, and paragraph 2 of Article 57.º of Law No. 05/20, of 27 January – AML, CTF and CPMD Law, as well as paragraph f) of paragraph 1 of Article 31.º and paragraph 1 of Article 98.º, both of Law No. 24/21, of 18 October – National Bank of Angola Law; I DETERMINE:

CHAPTER I
GENERAL PROVISIONS

Article 1.
(Subject Matter)
This Notice regulates the necessary terms and conditions to ensure compliance with anti-money laundering, counter-terrorism financing and countering the proliferation of weapons of mass destruction obligations in the provision of safe deposit box rental and custody of valuables services.

Article 2.
(Scope)
This Notice applies to Banking Financial Institutions supervised by the National Bank of Angola, as provided for in paragraph a) of paragraph 2 of Article 7.º of Law No. 14/21, of 19 May – General Regime for Financial Institutions Law.

Article 3.
(Definitions)
For the purposes of this Notice, the following shall be understood:
a) Private safe deposit boxes: security structures offered by Commercial Banks for storing goods, documents and other items of value belonging to their clients, whether associated or not with accounts, as applicable; b) Safe deposit boxes associated with accounts: when the box lessee is a customer of the Commercial Bank; c) Safe deposit boxes not associated with accounts: when the box lessee is not a customer of the Commercial Bank; d) Lease contract: contract concluded between the client and the Commercial Bank for the rental of a safe deposit box for a specified period, generally with annual periodicity, and additional fees may apply for larger sizes or additional services; e) Stakeholders: the safe deposit box lessees, their respective beneficial owners and persons authorized to access the box; f) Custody of valuables: service whereby the Commercial Bank assumes custody and protection of goods and valuables delivered by the client; g) Lessee: natural person, legal entity or equivalent entity in whose name the safe deposit box is leased; h) Persons authorized to access the safe deposit box: natural persons who, under the lease contract or holding representation powers of one of the lessees, including attorneys, agents or other representatives, have authority to access the box; i) Valuables: material goods such as cash, important documents, precious metals or any other object of value specified in the contract.

Article 4.
(Physical and Operational Security)
Commercial Banks providing safe deposit box rental and custody of valuables services must ensure, at a minimum, the following physical security conditions:
a) Surveillance system with cameras, alarms and access controls at the safe deposit box location; b) Safe deposit boxes located in secure, fireproof areas with protection against natural disasters and other risks; c) Internal rules regarding access and control processes for the safe deposit boxes, including the use of technology such as biometrics, magnetic cards and dual-key systems.

CHAPTER II
SAFE DEPOSIT BOX RENTAL

Article 5.
(Contracts and Transparency)
The safe deposit box lease contract must be in writing and include, at a minimum, the following clauses:
a) Identification of the safe deposit box lessee; b) Identification of the safe deposit box; c) Contract duration; d) Applicable fees and other charges; e) Responsibilities of the parties in case of loss, damage or theft of stored items; f) Security mechanisms and access to the safe deposit box; g) Contract termination conditions and procedures, including the timeframe for the client to retrieve items from the box after contract expiry.

Article 6.
(Access Procedures)

1. Without prejudice to the provisions of paragraph e) of the preceding article, the Commercial Bank must define access and authentication procedures for the lessee and persons authorized to access the safe deposit box.
2. Whenever the Commercial Bank becomes aware of the death of one of its customer lessees or whose goods and valuables are under its custody, it must block access to the box and the goods, only authorizing access by heirs upon presentation of legal documents confirming such authorization.

Article 7.
(Prohibition of Anonymity)
The rental and maintenance of anonymous safe deposit boxes, as well as the use of fictitious names or designations, are prohibited.

Article 8.
(Identification Obligation)
Commercial Banks offering safe deposit box rental and custody of valuables services must identify lessees and any persons authorized to access the leased boxes, and for this purpose must collect, at a minimum, the following information:
a) In the case of natural persons:
i. Full name;
ii. Date of birth;
iii. Nationality;
iv. Full permanent residence address and, if different, tax domicile;
v. Tax identification number or, for stakeholders not legally required to possess a tax identification number, the reference of origin and passport number;
vi. Identity card.
b) In the case of legal entities or equivalent entities:
i. Corporate name;
ii. Registered office address;
iii. Legal entity identification number;
iv. Country of incorporation;
v. Commercial certificate; and
vi. Partnership/Articles of association contract.

CHAPTER III
CUSTODY OF VALUABLES

Article 9.
(Contracts and Transparency)
The custody of valuables contract must be in writing and include, at a minimum, the following clauses:
a) Identification of the owner of the goods and valuables under the Commercial Bank's custody; b) Contract duration; c) Applicable fees and other charges; d) Commercial Bank's liability in case of loss, damage or theft of stored goods and valuables; e) Contract termination conditions and procedures; f) Access and return conditions and procedures for goods or valuables under its custody.

Article 10.
(Receipt and Registration of Valuables)

1. The Commercial Bank must register the goods and valuables under its custody, issuing a receipt describing such goods and valuables.
2. For the purposes of custody of valuables services, the lessee must declare the origin of the goods and/or valuables under custody to the Commercial Bank.

CHAPTER IV
PREVENTIVE RULES ON ANTI-MONEY LAUNDERING, COUNTER-TERRORISM FINANCING AND COUNTER-PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

Article 11.
(Record-Keeping Obligation)
Information reported under this Notice shall be archived for a period of 10 years after the termination of the business relationship with the stakeholders or, as applicable, the safe deposit box lessee unassociated with an account, as provided for in Article 16.º of Law No. 05/20, of 27 January – AML, CTF and CPMD Law.

CHAPTER V
FINAL PROVISIONS

Article 12.
(Reporting Obligation)

1. Without prejudice to paragraphs 1 and 2 of Article 148.º of Law No. 14/21, of 19 May – General Regime for Financial Institutions Law and Article 5.º of Notice No. 08/23, of 17 July – on Account Database, Commercial Banks must send the National Bank of Angola information regarding leased safe deposit boxes, as defined in specific regulations.
2. The information referred to in the preceding paragraph must be reported by Commercial Banks on a quarterly basis.

Article 13.
(Procedures and Centralized Registration Relating to Safe Deposit Box Rental and Custody of Valuables)

1. Commercial Banks must adopt internal control systems, means and procedures enabling them to maintain an informatized and centralized register of visits made to the safe deposit boxes by their lessees or persons authorized to access them, which must include information on the date and start/end time of each visit, as well as the full name and type and number of identification document of the visiting lessee or authorized person.
2. The centralized registers referred to in this article are subject to immediate update whenever the Commercial Bank permits a visit to its available safe deposit boxes, with the data in the register permanently available to the National Bank of Angola.

Article 14.
(Sanctions)
Infringements of the provisions of this Notice are punishable under Law No. 05/20, of 27 January – AML, CTF and CPMD Law, and subsidiarily under Law No. 14/21, of 19 May – General Regime for Financial Institutions Law.

Article 15.
(Transitional Provisions)
Commercial Banks must report information regarding safe deposit boxes leased prior to the entry into force of this Notice within 30 days following its publication.

Article 16.
(Interpretation and Omissions)
Doubts and omissions arising from the interpretation and application of this Notice shall be resolved by the National Bank of Angola.

Article 17.
(Entry into Force)
This Notice enters into force on the date of its publication.
PUBLISHED.
Luanda, 09 December 2024.
THE GOVERNOR
MANUEL ANTÓNIO TIAGO DIAS