NOTÍCIAS

As sociedades de advogados portuguesas MC&A e PMCM celebraram um protocolo para colaboração conjunta na assessoria jurídica a particulares e empresas, com vasta clientela nacional e internacional, em várias áreas de prática e nos mais diversos setores de atividade. A colaboração entre as duas sociedades tem efeitos imediatos, e irá vigorar no apoio a clientes em contexto nacional e internacional.

A nova parceria irá combinar o conhecimento local em países africanos de língua oficial portuguesa da MC&A e a sua experiência no sector financeiro e de capitais, juntamente com o know-how da   PMCM no acompanhamento de questões legais nas áreas de Direito Civil, Direito Comercial, Direito de Estrangeiros e da Nacionalidade, Direito Público, Direito Laboral, Penal, Contencioso Empresarial e no âmbito de apoio prestado em processos relacionados com estrangeiros e residentes não habituais e golden visa.

Através deste protocolo de colaboração, a MC&A e a PMCM pretendem assim oferecer serviços jurídicos contemporâneos e inovadores, capazes de apoiar os seus clientes na concretização dos seus negócios e na consolidação da sua presença nos mercados em que atuam. As duas sociedades irão trabalhar em conjunto com o objectivo de possibilitar uma maior rapidez e eficácia na assistência aos seus clientes, conjugada com a qualidade que caracteriza os seus serviços. Além da colaboração próxima entre os advogados de ambas as sociedades, haverá uma partilha de metodologias na abordagem a situações específicas e uma melhor oferta da tecnologia posta ao serviço do direito que muito beneficiará as respostas às necessidades dos clientes.

«Esta é uma excelente oportunidade para ambas as sociedades. Através desta colaboração, haverá a possibilidade de alargar a carteira de clientes e prestar assistência efectiva a negócios internacionais no âmbito de fusões e aquisições» refere, Vítor Marques da Cruz, sócio fundador da MC&A. «Esta aliança permitirá ainda aumentar o foco em áreas de elevada especificidade jurídica, partindo da troca de experiências e know-how entre os advogados das duas sociedades», conclui.

Por sua vez, João Luís Mota de Campos, sócio fundador da PMCM, destaca a mais-valia de «colocarmos à disposição dos nossos clientes uma vasta equipa multidisciplinar, empenhada em prestar um serviço de excelência e altamente especializado, suportado pela experiência e conhecimento efetivo do sistema jurídico, bem como dos contextos económico e social dos diversos mercados onde atuam».

Published in furtherafrica.com

This new Law came along with the purpose to highlight the right of free enterprise and cooperative initiative recognized in the Constitution for all private entities, with the State playing the role of economy regulator and coordinator of harmonious national economic development, without prejudice to its action in areas of public reserves, absolute and relative.

This new Law only has 11 articles in contrast with the 18 articles of the old Law.

In the old Law there was an article about the private sector that mentioned free private initiative, however, in the new Law, article 4 points up the free private initiative, mentioning that the general regime for access to Economic Activity in the Republic of Angola is that of free private economic and entrepreneurial initiative, without prejudice, to the provisions of the absolute and relative reserves of the State.

It also mentions that the State shall protect, and respect private property and free economic and entrepreneurial initiative exercised under the terms of the Constitution and this Law.

The access to Economic Activity is permitted, both national citizens and foreign citizens, under equal equality of circumstances, under the terms of the Law.

Another change that is relevant it is article 7 of the new Law that widens the spectrum of activities that constitute the relative reserve of the State, taking into account that one of these activities were considered in the old Law as absolute reserve of the State.

Therefore, the activities that were added are:

• Exploration of environmental conservation areas;
• Exploration of tourism development poles; and
• Management and valorization of solid waste from public deposits;

The activity that was considered as absolute reserve of the State and now is considered a relative reserve is the production, distribution, and commercialization of war material. In this way, the Law no. 25/21 came to update this regime.

Article by Duarte Marques da Cruz

Duarte Marques da Cruz is partner of the Portuguese law firm MC&A, specialised in international business advisory, with a special focus in Lusophone markets. With extensive experience in the Energy sector (Renewables and Oil & Gas) and in International Taxation, he has supported international companies in major upstream, midstream transactions and projects, including in implementing, exploration and development programs. Duarte has also supported international clients in other areas of practice, namely, Mining, Transport & Logistics, Regulatory Compliance and Mergers & Acquisitions in Mozambique, Angola and Portugal.
Through this Simplification Project, Angola shows to investors and economic players that intends to maintain its bet on the internal and external investment; on other hand, it is important to note that this simplification procedure is only at its beginning and is expected a wider range of facilitation in multiple public administration proceedings and regarding more sectors of the economy.

Published in furtherafrica.com

The Minister of Natural Resources, Max Tonela, announced on 27 October 2021 that the government of Mozambique may launch the 6th licensing round of sixteen (16) oil & gas offshore areas before the end of 2021.

Sixteen (16) licensing areas have been identified – five (5) in Rovuma Basin, seven (7) in Angoche, two (2) in Zambezi Delta and the last two (2) in the Save delta.

The plan is to launch the licensing round before the end of 2021 and finalize the selection and awarding processes by the first quarter of 2022.

Article by Duarte Marques da Cruz

Duarte Marques da Cruz is partner of the Portuguese law firm MC&A, specialised in international business advisory, with a special focus in Lusophone markets. With extensive experience in the Energy sector (Renewables and Oil & Gas) and in International Taxation, he has supported international companies in major upstream, midstream transactions and projects, including in implementing, exploration and development programs. Duarte has also supported international clients in other areas of practice, namely, Mining, Transport & Logistics, Regulatory Compliance and Mergers & Acquisitions in Mozambique, Angola and Portugal.
Through this Simplification Project, Angola shows to investors and economic players that intends to maintain its bet on the internal and external investment; on other hand, it is important to note that this simplification procedure is only at its beginning and is expected a wider range of facilitation in multiple public administration proceedings and regarding more sectors of the economy.

Published in furtherafrica.com

Entered into force on September 22, the new Regulation on the Proceedings and Criteria for the Payment and Regularization of Late Debts (debts whose payment is due from more than 90 days).

This Regulation is a strong effort from the Angolan Government to comply with its immediate purposes regarding the sustainability of public debt and finances, which demand a clear strategy for the regularization of late debts, and the definition of greater strictness and budgetary discipline.

The most relevant rules are the following:

• Debts that occurred before 2019 shall be presented by all the direct and indirect state administration unities, with the homologation of the supreme body of each sector, to the Public Finances Ministerial Department, in 45 days from September 22. Debts from 2019 and subsequent years will be submitted according to the new Regulation proceeding;
• From January 3, 2022, debts whose execution is not performed under State Financial Management Integrated System, will not be legally considered;
• Late debts legally considered are only the debts incurred through public procurement proceeding, however, contracting that has not followed that proceeding may be considered in a case by case analysis and according to some principles;
• Debts that have not arisen from public procurement rules may be regularized if the object of the contract was an undelayable public interest, it was foreseen in the National Development Program, the contract has been fully executed, and the value has been defined according to the market price;
• In general, public companies and late debts that already have a regularization agreement, are not covered by these norms;
• The payment of the regularized late debts depends on the validation by the General Inspector of State Administration and successive inclusion on the State Financial Programming, according to the indebtedness limits and the treasury availability in each economic year;
• Each budgetary unit shall compile and organize the information regarding the debts with the mandatory documents, and then send it to the Ministerial Department responsible for the Public Finances, that will transmit to the State Administration General Inspection the debts that were not made under the State Financial Management Integrated System, and the General Inspection will analyze such debts and validate them or not;
• The preferred form of payment will be the tax compensation, in which the credits over the State will be paid through compensation by tax credits over the companies;
• In the regularization proceeding, the older debts will have a preference in the payment. Also, minor debts will have a preference when compared to debts of bigger amounts;
• Creditors may transmit their credits to other entities, if are authorized by the debtor and their compliance with tax obligations is assured,
• The state of each approval/validation proceeding will be available on the internet, through the Suppliers Portal.

With these new rules, Angola demonstrates its concern regarding the necessity of ending the tradition of non-quoted expenses and non-compliance with the applicable legislation. The approval of clear, transparent, and objective norms which establish the proceeding of regularization of State debts will benefit the suppliers of goods, services, and public works, permitting to eliminate one of the structural problems in the Angolan economy, which is the traditional delay of the Angolan State to pay its debts, what severely affects the State suppliers and their economic chain.

Article by Duarte Marques da Cruz

Duarte Marques da Cruz is partner of the Portuguese law firm MC&A, specialised in international business advisory, with a special focus in Lusophone markets. With extensive experience in the Energy sector (Renewables and Oil & Gas) and in International Taxation, he has supported international companies in major upstream, midstream transactions and projects, including in implementing, exploration and development programs. Duarte has also supported international clients in other areas of practice, namely, Mining, Transport & Logistics, Regulatory Compliance and Mergers & Acquisitions in Mozambique, Angola and Portugal.
Through this Simplification Project, Angola shows to investors and economic players that intends to maintain its bet on the internal and external investment; on other hand, it is important to note that this simplification procedure is only at its beginning and is expected a wider range of facilitation in multiple public administration proceedings and regarding more sectors of the economy.

Published in furtherafrica.com

Angola and Portugal approved, through Presidential Decree No. 240/21, a bilateral protocol to facilitate national visas, in common or ordinary passports, for youth mobility, health, and work reasons.

The two countries intend to facilitate the granting of long-term visas for academic, cultural, sporting, scientific, and technological purposes, as well as citizens seeking medical treatment and their companions, and they are valid for multiple entries, long-term, extendable, for the purpose that determined their grant. Under the Protocol, visas must be granted by the Signatories within a maximum of eight days from the date of application.

In addition, this protocol also includes long-stay work visas that are valid for multiple entries, in a period of thirty-six months, allowing the holder a continuous stay for periods of twelve to thirty-six months, extendable, for the purpose that determined its grant. According to the Protocol, this visa must be granted by the Signatories, within a maximum of thirty working days from the date of the application.

Long-term work visa beneficiaries are workers involved in investment projects, such as national reconstruction projects, contracted by public, private, or mixed capital companies from both countries.

Renewals or extensions require to ensure the stay of applicants in their territory until the end of the condition that determined the granting of the visa shall be granted by the competent local authorities of the two Signatories within 5 working days from the date of the application.

The Protocol shall take effect from the date of its signature, for five years, automatically and successively renewable, if it is not denounced by the Signatories.

Article by Duarte Marques da Cruz

Duarte Marques da Cruz is partner of the Portuguese law firm MC&A, specialised in international business advisory, with a special focus in Lusophone markets. With extensive experience in the Energy sector (Renewables and Oil & Gas) and in International Taxation, he has supported international companies in major upstream, midstream transactions and projects, including in implementing, exploration and development programs. Duarte has also supported international clients in other areas of practice, namely, Mining, Transport & Logistics, Regulatory Compliance and Mergers & Acquisitions in Mozambique, Angola and Portugal.
Through this Simplification Project, Angola shows to investors and economic players that intends to maintain its bet on the internal and external investment; on other hand, it is important to note that this simplification procedure is only at its beginning and is expected a wider range of facilitation in multiple public administration proceedings and regarding more sectors of the economy.

Published in furtherafrica.com

It was published in the Angolan Official Gazette on September 22, the new version of the Investment Protection and Promotion Agreement between Angola and Portugal, which was signed firstly on 2008.

The main modifications are the following:

• The concept of investment which is relevant for the application of the treaty has changed, being considered investment all the assets invested by one party’s citizens in other party’s territory, according with that party’s legislation, not including investments in public debt;
• Regarding disputes between a party and investors that are citizens of the other party, those disputes shall be settled by an arbitral court, which cannot pronounce regarding the legality of a law, regulation, proceeding, decision or administrative action;
• The arbitral decisions will be recognized and enforced in national territory according with internal and international rules, namely with the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards;
• Parties agreed that the Rules regarding Transparency of the United Nations Commission on International Trade Law are applicable to most part of the arbitral procedures between a party and citizens of the other party;
• Arbitrators shall have specialized knowledge or experience regarding International Public Law and namely on International Investment Law;
• Were established proceeding rules for the refusal of an arbitrator due to conflict of interests, and also conduct and deontological rules which bind the arbitrators, namely information duties on aspects related with their independence and impartiality;
• Arbitrators shall not be involved in investment disputes related with disputes which they have analyzed, nor act as lawyer, witness or expert in any investment dispute of the same parties, for the period of three years after the end of the relevant arbitration;
• Parties also agreed that they could not revoke their legislation regarding health, labor, and environment to foster investment, and agreed to encourage investors to adopt measures and policies connected with sustainable development and social responsibility;
• Each party is able to not apply the advantages of the Agreement to investors who are controlled by third State investors, or which have not complied with internal or international rules regarding money laundering and terrorism financing;
• The modification of legislation which affects an investor or his expectations does not constitute a breach to this Agreement.

This revision permits to adapt the Agreement to European Union investment policies which bind Portugal, and at the same time, updates the treaty with the last international developments regarding investment, what will reinforce the economic and investment relations between both countries and their citizens.