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Legal updates from Mozambique

New regulation regarding the mechanisms and procedures for hiring foreign employees

Decree no.37/2016 of 31 August was been recently published adopts the Regulation regarding the Mechanisms and Procedures for Hiring Foreign Employees. This new Regulation comes to repeal the former Decree no.55/2008 of 30 December and adjusts the procedures for hiring to the challenges of the market development thus bringing, relevant changes to the process of hiring foreign citizens in the Country mainly regarding the requirements to be met at the hiring phase.

Exploration and Production Concession Contract Model (“EPCC/CCPP”)

Resolution no. 25/2016 of October 3rd, was recently passed adopts the Exploration and Production Concession Contract Model (“EPCC/CCPP”), in order to conciliate with the Petroleum Law adopted by the Law no. 21/2014 on August 18th and with the Petroleum Operations Regulations passed by the Decree 34/2015 of December 31th.

The CCPP comprises its main body and the

Annexures:

  • Annexure A – Description of the EPC Area;
  • Annexure B – Map of the EPC Area;
  • Annexure C – Accounting and Financial Procedure;
  • Annexure D – Form of Bank Guarantee;
  • Annexure E – Form of Parent Company Guarantee;
  • Annexure F – Joint Operation Agreement.

The CCPP must be approved by the Council of Ministers, executed by each Concessionaire and will need to obtain approval (visto) of the Administrative Court.

 

New regulation of the sealing of alcoholic beverages and manufactured tobacco

The new regulation of the sealing of alcoholic beverages and manufactured tobacco, which repeals the ministerial diploma no. 25/2008 of April 2nd was approved, by the ministerial diploma no. 59/2016 of September 14th.

The new Regulation lays down the procedures to be followed in the production, distribution, use and supervision of the control seal of alcoholic beverages and manufactured tobacco, which sealing thereof is mandatory.

Control Seal or seal: Safety device in the form of a stamp indicating customs control over goods subject to sealing.

New regulation regarding the private employment agencies

Decree no. 36/2016 of August 31st, 2016, published in Official Gazette no. 104, 1st Series, was recently approved adopts the Regulation regarding Private Employment Agencies, which repeals the former Decree no. 6/2001 of February 20th.

This new Regulation shall be applicable in all sectors of activities – with exception to the port sector – and introduces substantial changes to the previous regime applicable to Private Employment Agencies, among which the obligation to introduce in the designation of the company the expression “Private Employment Agency”.

It should be noted that Private employment agencies legally incorporated at the date of entry into force of the referred regulation are required to be bound to the new Regulation within 12 (twelve) months counted from August 31st, 2016 which coincides with the date of its publication.

O membro moçambicano da LEX África é Couto, Graca & Associados

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