On April 24th, Ministerial Diploma No. 119/2023 was approved and subsequently published on November 14th, which introduces the long-awaited Renewable Energy Code.

The present edition aims at presenting the legal diplomas approved from September to December 2023 in Mozambique, accordance with its hierarchical organization and sector of incidence.

On 14 September 2023, the Notice no. 4/GBM/2023 ("Notice") was published, approving the legal framework applicable to the registration of Virtual Asset Service Providers with the Bank of Mozambique.

On 7 August, the Parliament approved Law no. 13/2023, which introduces the new Labour Law and repeals the current Labour Law approved by Law no. 23/2007 of 1 August.

On 7 August, the Parliament approved Law no. 13/2023, which introduces the new Labour Law and repeals the current Labour Law approved by Law no. 23/2007 of 1 August.

On 29 March 2022, the Council of Ministers approved Decree-Law no. 3/2022, which establishes the Legal Framework for Commercial Contracts, one of the highlights being the Chapter on guarantees under the Commercial Contract.

The present edition aims at presenting the legal diplomas approved from May to August 2023 in Mozambique, in accordance with its hierarchical organization and sector of incidence.

Recently, the national legislator approved Decree-Law no. 3/2022, of 25 May, which passes the Legal Regime of Commercial Contracts (RJCC).

Law 8/2023, of 9 June ("Investment Law"), which repeals Law 3/93, of 24 June, was recently approved.

The present edition aims at presenting the legal diplomas approved from January to April 2023 in Mozambique, in accordance with its hierarchical organization and sector of incidence.

O Novo Código Comercial, aprovado pelo Decreto-Lei n.º 1/2022 de 25 de Maio,  introduziu na sua redacção a figura do Beneficiário Efectivo. O conceito, embora novo na legislação comercial moçambicana, constava já da Lei de Branqueamento de Capitais do Beneficiário Efetivo, aprovada pela Lei n.º 14/2013 de 12 de Agosto, entretanto revogada pela Lei n.º 11/2022, de 7 de Julho (adiante “Nova Lei de Combate e Prevenção ao Branqueamento de Capitais e Financiamento ao Terrorismo”).

The Assembly of the Republic ratified the Agreement establishing the African Continental Free Trade Area.

In the context of the recent inclusion of Mozambique in the group of countries on the Grey List approved by Financial Action Task Force (FATF) - an intergovernmental body which aims to develop and promote national and international policies to combat money laundering and the financing of terrorism - it should be noted that in July 2022 the new Law on Prevention and Combating Money Laundering and Financing of Terrorism (Law no. 11/2022) was approved and subsequently, in November 2022, its Implementation Strategy (Resolution no. 45/2022) was approved.

The present edition aims at presenting the legal diplomas approved from July to September 2022 in Mozambique, respecting a hierarchical organization and discriminated taking into account the sector of incidence.

Foi recentemente publicado o Decreto número 43/2022, de 19 de Agosto (“Decreto”), relativo à alteração de alguns artigos do Regulamento dos Mecanismos e Procedimentos para a Contratação de Cidadãos de Nacionalidade Estrangeira (“RMPCCNE”), aprovado pelo Decreto número 37/2016, de 31 de Agosto.

As a way to mitigate the economic and social impact caused by terrorism and attacks by armed groups since October 2017, was recently published the Decree number 42/2022, of 17 August ("Decree"), concerning the granting of the forgiveness of fines and reduction of interest on arrears of taxpayers owing the Compulsory Social Security System (“CSSS”), in order to provide support to affected companies and self-employed persons (“SEP”) through the adoption of measures to alleviate the contributory obligation to the CSSS system managed by the INSS.

The Government of the Republic of Mozambique announced the launch of the Programme of Economic Acceleration Measures (henceforth "SAP") on 9 August 2022, a programme comprising a package of twenty reform measures aimed at resuming economic growth.

Decree number 13/2022, of April 11 (hereinafter the "Decree"), was recently published, concerning the creation of the Visa for Humanitarian Assistance (hereinafter the "Humanitarian Visa"), granted to foreign citizens who travel to Mozambique at the invitation of (i) governmental authorities; (ii) international organizations; and (iii) non-governmental organizations.

The Regulation regarding the Bank Identification Number (NUIB) was recently published, with the aim to regulate the attribution, adoption, operation and use of the NUIB. 

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The NUIB will be applicable to credit institutions and financial companies and other entities subject to supervision of the Bank of Mozambique, as well as to public or private individuals and legal entities that maintain relations with the Bank of Mozambique. 

In December 2021, Mozambique proceeded with the signature and ratification of the Mobility Agreement, having in January 2022, deposited with the Executive Secretariat of the CPLP the respective ratification instrument, thus becoming the fifth of the nine Member-States of the CPLP to do so.

The recently published Code of Conduct for Credit Institutions and Financial Companies and Financial Consumer Protection strengthens and broadens the scope of financial consumer protection and embodies the general consumer protection principles set out in the Law of Credit Institutions and Financial Companies.

The Mozambican Government recently announced investment opportunities in the Hydrocarbons and Energy areas. Get to know them through the analysis that the Energy Law team has prepared for you.  

The legal diplomas concerning the approval of the readjustment of the national minimum wages have been recently published, according to the respective sectors of labour activity.

For further information, please access our Newsletter.

The amendments introduced aim to adapt the Civil Code to the regime of the Land Registration Code (approved by Decree-Law no. 2/2018, of 23 August), pursuant the need to reduce bureaucracy, streamline procedures, allowing the introduction of new forms of agreements when immovable assets are involved.

Resolution no. 39/2021 of 4 August was approved, which establishes the strategy for the concession of areas for petroleum operations, revoking Resolution no. 27/2009 of 9 June.

This instrument aims to ensure efficient and sustainable management of existing areas and potential resources.

A Central de Registo de Garantias Mobiliárias (“CRGM”), criada ao abrigo da Lei n.º 19/2018 de 28 de Dezembro e regulamentada pelo Decreto n.º 7/2020 de 10 de Março, já se encontra operacional para o registo electrónico das garantias mobiliárias.

Decree no. 20/2021 of April 13 was published, approving amendments to the Investment Law Regulation with the view to adjust the legal regime to the new institutional framework for coordination of investment processes and to the goal of attracting and facilitating domestic and foreign investment. JLA Advogados highlights the main amendments introduced to the Regulation.

Under Law 21/97, the Council of Ministers is in the process of approving the Regulation on Off-Grid Energy Access which, in essence, enshrines the principles applicable to the activity of supply for access to energy outside the National Electricity Network and also the authorisation process for its exercise..

The Competition Law provides, inter alia, for anti-competitive practices whose verification it is intended to prohibit, unless in circumstances expressly and exceptionally provided for in the Competition Law or its Regulation.

Pursuant to the Mozambican commercial legislation, Commercial Code approved by Decree-Law No. 2/2005 of December 27 and its subsequent amendments, commercial companies shall proceed with the approval of the accounts within the first quarter following the end of each financial year.

Law number 28/2022, of 29 December ("Foreign Exchange Law"), which revises and revokes Law number 11/2009, of 11 March, was recently approved.