Notice No. 2/GBM/2016 Approving the Regulation on Mandatory Reserves and Revoking Notice No. 1/GBM/2016

BOLETIM DA REPÚBLICA — OFFICIAL PUBLICATION OF THE REPUBLIC OF MOZAMBIQUE

SUMMARY (CONTENTS)

NOTICE
The matter to be published in the "Boletim da República" must be submitted as a duly authenticated copy, one for each subject matter, containing the necessary indications and the following endorsement, signed and authenticated: For publication in the "Boletim da República".

NATIONAL PRESS OF MOZAMBIQUE, E.P.

Ministry of State Administration and Public Function: Ministerial Decree No. 73/2016: Approves the Staff Framework of Provincial Delegations of the Study Grants Institute.

Ministry of Labour, Employment and Social Security: Ministerial Decree No. 76/2016: Approves the Code of Conduct for the Labour Inspector.

Bank of Mozambique:
Notice No. 2/GBM/2016: Approves the Regulation on the Calculation and Establishment of Mandatory Reserves and revokes Notice No. 1/GBM/2016, of June 1.

Wednesday, November 2, 2016 | SERIES I — Number 131

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MINISTRY OF STATE ADMINISTRATION AND PUBLIC FUNCTION Ministerial Decree No. 73/2016 of November 2

Having the need to equip the Staff Framework of Provincial Delegations of the Study Grants Institute, created through Ministerial Decree No. 51/2014 of April 9, under the provisions of sub-alinea iv) of alinea a) of Article 3 of Presidential Decree No. 7/2015 of March 2, the Minister of State Administration and Public Function determines:

Article 1. The Staff Framework of Provincial Delegations of the Study Grants Institute, as detailed in the attached table, is hereby approved and forms an integral part of this Ministerial Decree.

Article 2. This Ministerial Decree enters into force on the date of its publication.

Ministry of State Administration and Public Function, July 11, 2016. – The Minister, Carmelita Rita Namashulua.

Position	G. Delegado DAF	DBE	DPC	RAI Geral	Total
1 Provincial Delegate	1	0	1
2 Provincial Department Head	0	1	0	3
3 Provincial Office Head	0	2	0	0	1 3
Subtotal	1	1	3	1	7
b) General Regime Career
4 Senior Admin. Tech. N1	0	1	0	1
5 Senior Tech. N1	0	0	1	0	0 1
6 Admin. Public Tech.	0	1	1	0	1 3
7 Prof. Tech.	0	1	0	1	1 3
8 Technician	0	2	1	0	1 4
9 Tech. Assistant	0	1	0	1
10 Admin. Assistant	0	1	1
11 Service Agent	0	1	1
12 Auxiliary	0	1	1
Subtotal	2	0	6	3	1 6 16
c) Differentiated Regime Career
13 Instructor & Pedagogical Tech. N1	0	0	1	0	0 1
14 Teacher N1	0	0	2	0	0 2
15 Tech.Sup.Tech.Info.Comm. N1	0	0	1	0	0 1
16 Tech.Prof.Tech.Info.Comm.	0	0	1	0	0 1
Subtotal	3	0	0	5	0 0 5
Total	1	9	9	2	7 28

(The Standard Framework of the Study Grants Institute Delegation from Ministerial Decree No. 73/2016, published in Boletim da República No. 128 of October 26, 2016, is hereby revoked.)

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MINISTRY OF LABOUR, EMPLOYMENT AND SOCIAL SECURITY Ministerial Decree No. 76/2016 of November 2

Having the need to establish a Code of Conduct for the Labour Inspector, under the competence conferred by point i) of alinea a) of Article 3 of the Organic Statute of the Ministry of Labour, Employment and Social Security, I determine:

Article 1. The Code of Conduct for the Labour Inspector is approved and forms an integral part of this Decree.

Article 2. This Decree enters into force from the date of its publication.

Maputo, October 5, 2016. — The Minister, Vitória Dias Diogo.

CHAPTER I
(General Provisions)

ARTICLE 1
Object
This Code of Conduct aims to:
a) Establish the fundamental values of the profession and the principles guiding the behavior of inspectors, auditors, employees, and state agents, individually or collectively, in exercising their supervisory activities; b) Ensure compliance with the regulation governing the functioning of the General Labour Inspectorate (IGT).

ARTICLE 2
Scope of Application

1. This Code of Conduct applies to inspectors, auditors, employees, and state agents serving in the supervision and Labour Inspection activities.
2. The application extends to all state employees and agents without supervisory competence, provided they are involved in a supervisory mission.
3. This Code establishes a set of professional ethical principles and values to be observed by inspectors, auditors, employees, and state agents attached to the General Labour Inspectorate, both in interpersonal relations and with third parties during their duties.
4. The Code does not prejudice the application of legal norms approved for state employees and agents, public probity rules, internal regulations in force at the General Labour Inspectorate, and other applicable legislation.

CHAPTER II
(Professional Deontology and Ethics)

ARTICLE 3
Without prejudice to other applicable legislation, the actions of inspectors, auditors, employees, and state agents shall adhere to the following principles and duties:

1. Principles
   a) Legality - inspectors, auditors, employees, and state agents serving in supervision and Labour Inspection activities may not use administrative powers to pursue ends different from those assigned by law; b) Principle of Pursuing Public Interest and Protecting Citizens' Rights - observing good faith, they pursue the public interest without prejudice to legally protected private rights and interests; c) Principle of Justice and Impartiality - in relations with individuals or legal entities, they must act fairly and impartially, refraining from performing or participating in acts aimed at their own interests, those of their spouse, relatives, or affiliates, as well as other entities with potential conflicts of interest; d) Transparency - they must provide clear and reliable information to users; e) Principle of Collaboration - they must collaborate with other entities and private parties, providing oral or written information and clarifications as requested; f) Principle of Equality and Proportionality - relations with private parties are governed by equality before the law and proportionality of means; i) It is prohibited to favor, prejudice, deprive of any right, or exempt from any legal duty a citizen based on color, race, sex, ethnic origin, place of birth, religion, education level, social position, profession, or political/religious preference; ii) Proportionality implies adopting measures that entail less severe consequences for the private party's legal sphere without violating the law; g) Principle of Individual Accountability - they are individually liable for conduct causing damage to third parties when violation of procedures in this Code and applicable legislation is proven; h) Principle of Good Faith - they must act correctly, loyally, and cooperatively with supervised entities; i) Principle of Courtesy and Respect - they must promote professionalism, respect, treat people equitably, correctly, and impartially, avoiding abuses of power.
2. Duties
   a) Duty of Integrity - obliged to comply with conduct norms preserving trust, ensuring irreproachable behavior above suspicion; b) Technical Competence - obliged to apply necessary knowledge, techniques, and experience, maintaining high professionalism for competent and impartial performance; c) Duty of Rigor - must act to fulfill the public purpose of the IGT; d) Objectivity - must demonstrate the highest degree of professional objectivity when correcting, evaluating, and communicating information, making balanced assessments uninfluenced by private interests or external opinions; e) Duty of Courtesy and Respect towards the Public - must exhibit correct, dignified, and decorous conduct according to hierarchy and function, avoiding behaviors that undermine public trust in the institution's integrity; f) Duty of Public Morality (Probity) - observe good management values and honesty, not soliciting loans, facilities, or offers that could compromise their freedom of action, independence of judgment, and IGT credibility.

ARTICLE 4
Work Method

1. Supervisory action is carried out according to a work plan covering the distribution of actions into supervisory brigades.
2. Exceptionally, supervisory action may be carried out in cases of force majeure, upon specific request by trade unions or employer associations, due to complaint or denunciation, and by superior determination.
3. Supervisory actions initiated individually by an inspector or groups of inspectors are prohibited.
4. IGT directors reject minutes, reports, and records that do not comply with the preceding paragraphs.

ARTICLE 5
Composition of Brigades

1. For supervision activities at workplaces, supervisory brigades must consist of at least two technicians.
2. Brigade composition must be rotational with a maximum term of 30 days.

ARTICLE 6
Professional Secrecy a) IGT-attached employees are subject to legal provisions on judicial secrecy and must maintain professional secrecy, even after their term ends, not revealing manufacturing, commercial, or operational secrets known due to their duties; b) They must preserve confidentiality regarding the origin of any complaint or denunciation, never announcing an inspection visit in advance or revealing it resulted from a complaint; c) Recipients must keep facts and/or information regarding supervision activities confidential, comply with security and control rules; d) Confidential information must be treated as such internally and externally, not transmitted before the respective hierarchical superior gives instructions; e) Transmission must follow the general principle that only those needing it for their duties may access it; f) Applies to accompanying persons and inspection staff.

ARTICLE 7
Conflict of Interests a) A conflict exists whenever the personal interest of an inspector, internal auditor, employee, or state agent in a specific matter interferes or may interfere with duties of impartiality, fairness, equality, and integrity; b) In case of conflict, the fact must be promptly declared in writing to the hierarchical superior for a decision; c) Public Probity Law applies subsidiarily.

CHAPTER III

ARTICLE 8
Organization and Management of the Archive Rules regarding written documents:
a) Recipients acknowledge that all documents produced by the Inspection area may be made public, subject to Article 6; b) All written communication, including meeting minutes, working documents, and other inspection-related documents, must be drafted clearly and legibly to minimize interpretation doubts.

CHAPTER IV
Relationships

ARTICLE 9
Institutional Relationship
Within institutional relationships, recipients develop activities following collaboration and articulation principles, as provided in the General Labour Inspectorate Regulation and applicable legislation.

ARTICLE 10
Professional Relationship
Beyond respecting ethical principles in Article 3, relationships among inspectors, auditors, employees, and state agents attached to the IGT develop:
a) In a framework of permanent compliance with mutual respect, solidarity, urbanity, loyalty, and adherence to superior instructions; b) In an environment fully affirming rigor, discretion, responsibility, collaboration, trust, competence, non-discrimination, and human value; c) In a context where harassment (including sexual), violence or threat of violence, racial persecution, and other hostile, disrespectful, abusive, and humiliating behaviors are intolerable.

ARTICLE 11
Relationship with the Media a) Contacts with media are established through defined channels, with information provided via previously defined channels; b) In media relations, inspectors, auditors, or employees involved rigorously respect truth, transparency, legality, and professional secrecy.

ARTICLE 12
Duty of Information a) Recipients must inform their hierarchical superiors whenever they know or have grounds to suspect irregularities, namely: fraud, corruption, and practices harmful to State interests; b) The communication must contain necessary elements for evaluating the committed irregularity; c) Information is treated confidentially, especially regarding its origin and with necessary discretion.

ARTICLE 13
Code Management
Knowledge and compliance with the Code at central and provincial levels will be evaluated through annual verification by the Internal Control Department or the Inspector-General. Audits for this purpose will be conducted via surveys, interviews, analysis of record and report procedures, or other evaluation methods.

ARTICLE 14
Commitment Term
Every employee admitted to the General Labour Inspectorate is subject to signing a commitment term (attached), conforming to this Code of Conduct.

CHAPTER V
Final Provisions

ARTICLE 15
Violation of the norms established in this Code of Conduct for Inspectors is subject to disciplinary proceedings, without prejudice to criminal liability when justified.

Commitment Term
I ______________________________, of nationality ________________________, marital status _____________, exercising the function of __________________, and residing in the neighborhood _____________, commit myself to exercising assigned functions with zeal and dedication, following and respecting all terms provided in the Code of Conduct of the General Labour Inspectorate, approved by Ministerial Decree No. __//2016. Maputo, on _______ of _____________ 2016 The employee _________________________

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BANK OF MOZAMBIQUE
NOTICE No. 2/GBM/2016 of November 2

Having the need to strengthen the anti-cyclical stance of monetary policy in light of atypical behavior of key macroeconomic indicators, notably inflation and the exchange rate, and facing necessary corrections to its trajectory, the Bank of Mozambique, under Article 27 of Law No. 1/92 of January 3 (Organic Law of the Bank), determines:

1. The Regulation on the Calculation and Establishment of Mandatory Reserves, attached, is approved and forms an integral part of this Notice.
2. This Notice takes effect from the mandatory reserve establishment period, starting on August 22, 2016.
3. Notice No. 01/GBM/2016 of June 1 is revoked.
   Interpretation and application doubts shall be submitted to the Markets and Reserve Management Department of the Bank of Mozambique.
   Maputo, August 19, 2016. — Governor of the Bank of Mozambique. — Ernesto Gouveia Gove.

Regulation on the Calculation and Establishment of Mandatory Reserves

CHAPTER I
Object and Scope

ARTICLE 1
Object
This Regulation establishes the norms for calculating and establishing mandatory reserves.

ARTICLE 2
Scope of Application

1. This Regulation applies to all credit institutions provided for in Law No. 15/99 of November 1, with amendments by Law No. 9/2004 of July 21 (Law on Credit Institutions and Financial Companies), holding liabilities referred to in Article 4 of this Regulation and monetary assets with the Bank of Mozambique.
2. Excluded are credit institutions not authorized to receive public deposits.

CHAPTER II
Calculation and Establishment

ARTICLE 3
Currencies of Establishment
Mandatory reserves are established:
a) In meticais, for deposits denominated in national currency; and b) In US dollars, for deposits denominated in foreign currency.

ARTICLE 4
Liabilities Subject to Incidence

1. The following liabilities constitute the incidence base for Mandatory Reserves, as detailed in the attached Reserve Calculation Tables:
   a) Resident Deposits; b) Non-Resident Deposits; and c) State Deposits.
2. The aforementioned liabilities must be segregated by national and foreign currency.

ARTICLE 5
Calculation of the Incidence Base

1. The incidence base is calculated from the simple arithmetic mean of the balances of the liabilities referred to in the previous article, verified over the calculation period.
2. The calculation periods each month are:
   a) 1st Period - from the 1st to the 15th; and b) 2nd Period - from the 16th to the last day of each month.
3. For calculation purposes, deposits denominated in other foreign currencies are converted daily to their US dollar equivalent using the prevailing valuation exchange rate.
4. The US dollar value of the aforementioned deposits is calculated using the following conversion factor:
   FUSD = (TaxaME / TaxaUSD)
5. In the formula above:
   a) FUSD is the conversion factor to the US dollar; b) TaxaME is the daily valuation exchange rate of the foreign currency to be converted; and c) TaxaUSD is the daily valuation exchange rate of the US dollar.

ARTICLE 6
Incidence Rate
The incidence base is subject to the following minimum daily rates:
a) 13.00%, for the incidence base in national currency; b) 15.00%, for the incidence base in foreign currency.

ARTICLE 7
Establishment Period

1. The mandatory reserve establishment periods are:
   a) 1st Period – from the 7th to the 21st; and b) 2nd Period – from the 22nd to the 6th of the following month.
2. The 1st establishment period reserves correspond to the 2nd calculation period, and vice versa.

ARTICLE 8
Form of Establishment

1. National currency mandatory reserves may be established in at least one of the following forms:
   a) Cash; b) Checks of the issuing institution drawn on or