Law of the National Bank of Angola
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Law No. 16/10 Dated July 15 (DR Series I. No. 132) With the Constitution of the Republic of Angola taking effect, there is an urgent need to adapt the definition of the responsibilities of the National Bank of Angola, it becoming necessary to fit the definition of the responsibilities of the National Bank of Angola in the area of participation, definition of conduct and implementation of the country's monetary and foreign exchange policy to the new Constitutional-legal framework; Under the same circumstances, there is also the need to clarify the operational autonomy of the National Bank of Angola in order to better ensure the preservation of the national currency and ensure price stability and the national financial system; Thus, By mandate of the people, under the combined provisions of subparagraph b) of Article 161 and of paragraph 1 of Article 166, both from the Constitution of the Republic of Angola, the National Assembly approve the following: LAW OF THE NATIONAL BANK OF ANGOLA Chapter I Nature, Headquarters and purposes Article 1 (Nature) The National Bank of Angola is a legal entity of public law, endowed with administrative, financial and personal autonomy. Article 2 (Headquarters) 1 The National Bank of Angola has its headquarters in Luanda, and may have branches in other parts of the country, as well as any form of representation abroad. Article 3 (Main assignment and other functions) 1. As the central and issuing bank, the National Bank of Angola, ensures the preservation of the value of the national currency and participates in the definition of the monetary, financial and foreign exchange policies. 2. Notwithstanding the preceding paragraph, execution, monitoring and control of monetary, exchange and credit, the management of the payment system and management of the currency under the economic policy of the country are incumbent upon the National Bank of Angola. Chapter II Capital and Reserves Article 4 (Capital) The capital of the National Bank of Angola is 270,000,000,000.00 Kwanzas, (two hundred and seventy billion Kwanza) and can be increased by incorporation of reserves, deliberated by the Board of Directors and ratified by the Title Holder of the Executive Branch. Article 5 (Legal Reserve) 1. The National Bank of Angola shall establish a legal reserve, formed by the transfer of income from each financial year calculated and distributed in accordance with Article 87 of this Law. If necessary, by resolution of the Board of Directors, provisions and other reserves may be created, to prevent risks of depreciation or losses to which certain types of assets or operations are particularly subject. 3. In the event of failure of the measures mentioned in the preceding paragraph, the Executive through the Minister of Finance shall transfer marketable debt securities and interest bearers which are required to avoid risks and losses considered in the above to the ownership of the National Bank of Angola. Chapter III Monetary Issue Article 6 (Issuing Bank) 1. The National Bank of Angola has the exclusive right to issue Bank notes and coins which are legal tender and have purchasing power. 2. The purchasing power of notes is unlimited and that of coins is established in Legal Diploma. 3. The National Bank of Angola also retains the exclusive right to issue commemorative coins. 4. The legal arrangement of issue, preservation, destruction and exchange of the currency shall be governed by its own law. Article 7 (Printing and minting of notes) 1. The National Bank of Angola shall take the necessary steps for printing notes and minting of coins and all matters pertaining to them, as well as for the security and safeguarding of unissued bank notes and coins, and even the custody and destruction, as necessary, of plates, dies and notes withdrawn from circulation. 2. Until the establishment of the Angola Mint, the National Bank of Angola is authorized to contract, through a bidding process, foreign companies to print new bank notes of a new monetary standard. 3. For negotiating with foreign manufacturers of bank notes and coinage, a special commission for purchases integrated by the National Bank of Angola must be made by the Chairman of the Executive Branch or whoever it delegates, Article 8 (Notes and coins in circulation) 1. Notes and coins in circulation are considered those which, in exercising their functions, are delivered to third parties by the National Bank of Angola and remain in their power without the term of exchange specified in paragraph 1 of Article 10 of the present Law having expired. 2. The liability of the National Bank of Angola is limited to the notes and coins in circulation, notwithstanding paragraph 2 of Article 10 of this Law. Article 9 (Features of notes and coins) 1. The types of notes, their plates and features as well as the face value of the coins and their features shall be presented by the Chairman of the Executive Branch for the approval of the National Assembly, under a motion of the National Bank of Angola. 2. The notes should bear the date of general issuance and be signed, under seal, by the Governor. Article 10 (Exchange of notes and coins) 1. The National Bank of Angola fixes and publicly announces that the deadline whereby notes of any kind or plates and coins of any denomination which are withdrawn from circulation should be exchanged. 2. Once such a term that will be fixed in accordance with the preceding paragraph has lapsed, the notes and coins cease to be legal tender and are put aside from circulation, but the obligation continues for the National Bank of Angola to receive and pay them until five years have elapsed. Article 11 (Deteriorated notes and coins) 1. The notes and coins that, in the act of exchange, are presented, in particular, perforated, cut, torn or with any printed mark or that show signs of having been used for non-monetary purposes, may only be accepted by the National Bank of Angola under the terms and conditions set forth in the following paragraph. 2. The National Bank of Angola determines and makes public the conditions set forth for the exchange of notes and coins that fall under the conditions referred to in the preceding paragraph. Article 12 (Seizure of notes) 1. The National Bank of Angola shall seize all notes and coins suspected of counterfeiting or forgery or alteration of the face value, which are submitted, drawing up a report whence includes the identification of notes and of the bearer, as well as grounds for suspicion . 2. The report referred to in the preceding paragraph shall be referred to the appropriate authorities for the purposes of the relevant procedure. 3. The National Bank of Angola may resort directly to any authority or agent thereof, for the purposes specified in this article. Article 13 (Reproduction or imitations of bank notes) 1. Reproduction or imitation of all or part of Bank notes and coins of the National Bank of Angola as well as their respective distribution is forbidden. 2. The making of plates, dies or other technical means to carry out the measures referred to in the preceding paragraph is also prohibited. 3. In duly justified circumstances, especially for educational purposes, the National Bank of Angola may authorize the reproduction or counterfeiting of notes. 4. Breaches of the provisions of paragraphs 1 and 2 of this Article shall be punished under the Penal Code. Article 14 (Refurbishment of notes) Lawsuit over refurbishment of notes is not allowed. Article 15 (Destruction of notes) Only the National Bank of Angola shall be allowed to destroy notes. Chapter IV - Functions of the Central Bank Section I General Provisions Article 16 (General Functions) 1. Apart from the direction, execution, monitoring and control of the monetary, financial, foreign exchange and credit policies under the economic policy of the Executive Branch, it is incumbent upon the National Bank of Angola to: a) act as sole Banker of the State; b) advise the Executive in the monetary, financial and exchange domain; c) participate with the Executive in the definition, directing, performance, monitoring and controlling the exchange rate policy and its market; d) act as an intermediary in international monetary relations of the State; e) keep watch over the stability of the national financial system, ensuring, for this purpose, the function of lender of last resort; f) manage the foreign assets of the country that are entrusted to it, notwithstanding provisions in special law. g) participate in the preparation of the annual Executive financial programming of in order to harmonize the management of foreign exchange reserves and credit to be granted by the National Bank of Angola with the needs of development and stabilization of the economy. 2. It is also incumbent upon the National Bank of Angola to: a) guarantee and ensure a system of information, compiling and treatment of monetary, financial and foreign exchange statistics and other documents in the fields of their activities in order to serve as an efficient tool for coordination, management and control; b) draw up and maintain a complete register of the external debt of the country, as well as carry out its management; c) draw up the external balance of payments of the country. ARTICLE 17 (Duty of information) 1. The National Bank of Angola may require any entity, public or private, that, the information necessary to comply with the provisions of the preceding paragraphs, or for reasons relating to their powers regarding monetary and foreign exchange policy and operation of payment systems be provided directly, regulating them, inspecting them and promoting their effectiveness. 2. Refusal to provide information referred to in the preceding paragraph, as well as their falsity, is punished, respectively, with penalties for crimes of disobedience and misrepresentation under the Penal Law.