28 March 2017

Legal updates – Mozambique

CIVIL AVIATION LAW

The new Civil Aviation Law purpose is to set the bases and general principles to be observed in the area of civil aviation in order to guarantee the safety, regularity, competitiveness and efficiency of air transport operations.

This Law repeals the Law no. 21/2009 of 28 September, former Civil Aviation Law.

REGULATION ON THE ASSESSMENT AND ESTABLISHMENT OF LEGAL RESERVES

The new Regulation on the Assessment and Establishment of Legal Reserves (the “New Regulation”) was adopted through the Notice no. 2/GBM/2016 of 2 November, repealing the Notice no. 1/GBM/2016 of 1 June.

The New Regulation is applied to all credit institutions laid down in the Law on Credit Institutions and Financial companies, which hold liabilities (referred to in article 4 of the New Regulation) and monetary assets with the Bank of Mozambique and are Authorized to receive deposits from the public.

REGULATION ON TOURISTIC DEVELOPMENT, CATERING, DRINKING AND DANCE HALL

The Decree no.49/2016 of 1 November (the “New Regulation”) changes the legal framework for the Establishment, Exploitation and Operation of Tourism Enterprises, Food and Beverage establishments and Dance Halls through the
Decree no.97/2013 of 31 December.
The New Regulation sets the legal framework of the establishment, exploitation and operation of tourism enterprises, food and beverage establishments and dance halls as well as their classification and registration system.

REGULATION FOR DISPOSAL OF PHARMACEUTICAL PRODUCTS

It has been adopted the Ministerial Diploma No. 74/2016 of 28 October on Procedures for Disposal of Pharmaceutical Products. This Diploma applies to public and private health units, manufacturers of pharmaceuticals, importers and distributors of medicines, pharmacies, medicine posts, general stores, non-governmental organizations and individuals.

This Diploma addresses subjects such as disposal methods and forms of treatment of pharmaceutical products prior to dump, classification by category of pharmaceutical products and procedures for the disposal of pharmaceutical
products.

REGULATION ON FORTIFICATION OF FOOD WITH MICRONUTRIENTS INDUSTRIALLY PROCESSED

The Regulation on Fortification of Food with Micronutrients industrially processed was adopted by the Decree no.9/2016 of 18 April, aiming at setting an arrangement for establishing the mandatory addition of micronutrients in food means provided therein (the “Regulation”).

This Regulation applies to all economic agents who import, produce and trade the following products throughout Mozambique: (i) wheat flour; (Ii) corn flour; (Iii) food oil; (Iv) sugar; and v) salt.

The Regulation does not apply to maize meal produced by small scale millers that render grinding services only for family consumption.

REGULATION ON PORT LABOUR

The Regulation on Port Labour was adopted by the Decree no.46/2016 of 31 October (the “Regulation”). The rules set out in the Regulation apply to the individual and collective relationships of subordinate labor provided in the various categories of cargo handling within the port area, in dry ports and related activities.
For the purposes of the Regulation port labour shall be deemed to be provided in the various cargo handling tasks to and from ships as well as other modes of transport within the port operation zone comprising: (i) stowage; Ii)
conference; (Iii) loading or unloading of goods; (Iv) transshipment; V) handling and storage of goods in warehouses, terminals, warehouses and parks; Vi) formation and composition of cargo units; (Vii) reception, storage and dispatch of goods; Viii) loading and unloading of cargo; Ix) coupling and disengagement; (X) sample collection; and (xi) related activities.
The regulation comes into force 90 days from the publication (31 October 2016).

 

Content supplied by LEX Africa Mozambican member CGA Associados.

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