COVID-19 | Extension of the State of Emergency in Angola ... · a period of fifteen days, was extended for the same period, starting at 00:00 on 11 April 11 and ending at 23:59 25

April 2020

COVID-19 | Extension of the State of Emergency in Angola and Additional Measures

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Introduction

Extension of the Emergency State - Presidencial Decree no. 97/20, from Abril 9

Immediate Measures to Relieve Negative Economic and Financial Effects caused by COVID-19 - Presidencial Decree no.º 98/20, from April 9

Additional Measures defined by the Ministry of Commerce and Planning - Executive Decree no. 143/20, from Abril 9

Relevant legislation



Introduction

• Following the qualification, by the World Health Organization, on 11 March 2020, of the public health

emergency situation caused by the disease COVID-19, as an international pandemic, Angola, similarly to what

has already occurred in other countries. such as Portugal, adopted exceptional, extraordinary, necessary and

urgent measures in order to prevent the spread of the disease, to safeguard human life and to ensure the

operation of services and the supply of essential goods.

• The State of Emergency previously declared in Angola, through Presidential Decree no. 81/20, of 25 March, for

a period of fifteen days, was extended for the same period, starting at 00:00 on 11 April 11 and ending at

23:59 25 April, under the terms of article 1 of Presidential Decree no. 97/20, of 9 April. However, all measures

to prevent and combat the pandemic of COVID-19, which do not contravene the provisions of the

aforementioned Presidential Decree no. 97/20, of 9 April, remain valid and effective.

• The team of lawyers from the office of Dr. Carlos Alberto de Freitas, Lawyer in Angola (“CAF”) jointly and in

collaboration with CTSU - SOCIEDADE DE ADVOGADOS, SP, RL, SA (“CTSU”), member of Deloitte Legal

network, present hereunder information that may be useful, in order to highlight the main changes to the

measures previously defined to be in force during the period of the State of Emergency in Angola, as well as

the Immediate Measures to Relieve Negative Economic and Financial Effects caused by the COVID-19 Pandemic

and the Additional Measures defined by the Ministry of Commerce and Planning, approved, respectively, by

Presidential Decree no. 98/20 and by Executive Decree no. 143/20, both of 9 April.



Extension of the Emergency State - Presidencial Decree no. 97/20, from Abril 9 Main amendments

a) Mandatory presentation of credentials for circulation - all public and private entities that provide

services during the State of Emergency period, must issue a declaration proving the work schedule of their

employees during the term of the State of Emergency, for presentation to the authorities, jointly with the work pass.

b) Exceptional lifting of the provincial sanitary fence

c) Changes to opening hours:

(i) auxiliary bodies of the President of the Republic and the following services - BNA, inspectors, insurance,

cemetery and death registration services - from 8:00 am to 1:00 pm;

(ii) commercial activity and provision of essential services - from 8 am to 4 pm;

(iii) markets and street vending- three times a week- Tuesday, Thursday and Saturdays - from 6:00 am to 1:00

pm.

d) Inclusion of recreational maritime navigation in the list of suspended recreational and

leisure activities

e) Funeral ceremonies, in which the cause of death is COVID-19, will be held in the afternoon, with a

maximum of twenty-five people being allowed.

f) Prohibition of discriminatory treatment to citizens infected or suspected of being infected by COVID-19.



Extension of the Emergency State - Presidencial Decree no. 97/20, from Abril 9 Maintenance of essential measures

• Restrictions on the freedom of movement and compulsory quarantine

• Access to public services: The public services of Central and Local Administration of the State are closed,

except those considered essential.

• Educational, commercial and industrial establishments: They keep closed.

• Recreational, cultural and leisure activities on public roads or spaces are forbidden

• Licensing for the import of essential goods

• Passenger public transportation and goods transportation: Passenger public transportation

continues to operate to guarantee minimum services. Railway transportation operate, but solely for the

transportation of goods considered to be essential.

• Exceptional Regime of Public Procurement

• Bank Credits: Demands for payment, default interests and enforcements procedures as a result of delays in

the fulfillment of obligations which cannot be complied as a result of the legal measures of Presidential Decree

no. 97/20 do not have legal effects.



Extension of the Emergency State - Presidencial Decree no. 97/20, from Abril 9 Maintenance of essential measures

• Workers’ General Rights

Citizens subject to special protection, namely and as a rule, citizens:

(i) Who are 60 years old or older;

(ii) With chronic diseases considered to be at risk, in accordance with the guidelines of the health authorities;

are exempted from on-site work.

Nevertheless, citizens who are exempted from on-site work, might be subject to home working regime, whenever it is in

accordance with the nature of their tasks.

The termination of legal labor relationships based on the absence of workers to the work place is prohibited, which does

not prevent the adoption of disciplinary measures, namely for employees and workers who have a duty to render their

services during the State of Emergency.

• Lease contracts

During the State of Emergency, evictions of tenants under housing lease agreements are forbidden. .

• Deadlines, procedural steps, licenses, authorizations and official documents

Legal deadlines for prescription and to exercise actions and rights are suspended during the State of Emergency;

During the State of Emergency, licenses, authorizations or any other administrative procedures shall be valid regardless

its expiry term;

Official documents, even if expired, are valid and effective.



A) Productive Sector (Companies):

• Bureaucracy Reduction: (i) AGT shall give INE direct access to the NIF (taxpayer number) database, for the

purposes of statistical registration; (ii) issuance of a Business Permit only for the activities of: (i) the sale of

foodstuffs, (ii) live plant species, (iii) animals, (iv) poultry and fisheries, (v) medicines, (vi) car sales, (vii) fuels

and (viii) lubricants and other chemical products.

• With the repeal of Presidential Decree n.º 273/11, of 27/10 – Regulation on Contracting of Technical Assistance

or Management Services, the mandatory registration and licensing process of these contracts with BNA and the

Ministry of Commerce and Planning are extinguished.

• A Credential model is established for workers in the private sector who have to move during the State of

Emergency period.

B) Families and Informal Sector of the economy:

• Water and Energy – the relevant supply shall not be cut-of to customers with payment difficulties, during the

month of April.

• Provision of 315 million Kwanzas for distribution of goods from the basic basket, to the community.

• Social cash transfers starting in May 2020, to the most needy families.

Immediate Measures to Relieve Negative Economic and Financial Effects caused by COVID-19 - Presidencial Decree no. 98/20, from April 9 Pointing out some measures



• Considering the exceptional measures adopted during the State of Emergency period, to prevent and

combat COVID-19 pandemic, commercial chain and supply rules must be complied, and opening hours

of different commercial establishments regarding the selling of essential goods and services to the

population must be defined.

• The entire commercial and service network (large / medium and small wholesale and retail areas) has

unique opening hours: starting at 8:00 am and ending at 4:00 pm, which is mandatory for the duration

of the State of Emergency.

• Fair trade is suspended.

• Street vending and market stalls start operating at a single timetable from 6:00 am to 1:00 pm.

• All individuals and legal person, must comply with hygiene and health rule.

Additional Measures defined by the Ministry of Commerce and Planning - Executive Decree no. 143/20, from Abril 9Pointing out some measures



• Provisional Legislative Presidential Decree no. 1/20, of March 18: it approves contingencymeasures to fight COVID-19;

• Executive Decree no. 121/20, of March 24 from the Justice and Human Rights Ministery: itaproves contingency measures - it determines the suspension with immediate effects of specificservices for a period of 15 days;

• Executive Decree no. 122/20, of March 24 from the Public Administration, Labor and SocialSecurity Ministry: it declares the obligation of all the companies to draft and execute contingencyplans under the Provisional Legislative Presidential Decree no. 1/20; it determines the justificationof absences of employees under specific conditions;

• Legislative Presidential Decree no.º 81/20, of March 25: it declares the State of Emergency;

• Legislative Presidential Decree no.º 82/20, of March 26: it approves exceptional measures inforce during the State of Emergency;

• Presidential Decree no. 86/20, of April 1: it approves the extraordinary and exceptionaladditional opening credit of 20 thousand million Kwanzas for Expenses to prevent and face COVID-19;

• Executive Decree no. 128/20, of April 1 from the Ministry of Finançe: it approves thecontingency plan to face the coronavirus pandemic, applicable to the Central Services, ProvincialDelegations and agencies supervised by the Ministry;

• Executive Decree no. 129/20, of April 1 from the Ministry of Transport: it defines the specificexceptional and temporary execution measures during the State of emergency, in the transportsector.

Relevant Legislation



• Presidencial Decree no. 96/20, of April 9: it aproves temporary measures to respond to the fallin oil prices and to the impact of COVID-19 on the State General Budget and authorizes theMinister of Finances to start the process to prepare the review proposal to the State GeneralBudget of 2020 and to the exemption of VAT payment and of the custom duties regarding importgoods for purposes of humanitary help and donations;

• Presidencial Decree no. 97/20, of April 9: it extends the period of the Emergency State for 15addittional days, from 11 to 25 of April and it settles the specific exceptional measures to be inforce during the Estate of Emergency;

• Presidencial Decree no. 98/20, of April 9: it aproves immediate measures to relieve negativeeconomic and financial effects caused by COVID-19;

• Executive Decree no. 141/20, of April 9: it settles the exceptional and temporary specificmeasures to the bodies of the Ministery of Interior, to prevent and control the pandemic;

• Executive Decree no. 143/20, of April 9: it settles that traders and service providers shallcomply the Law of the Commercial Activities and the Law of the Infringment of Economy.

Relevant Legislation

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COVID-19 | Extension of the State of Emergency in Angola ... · a period of fifteen days, was extended for the same period, starting at 00:00 on 11 April 11 and ending at 23:59 25