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3 Angola sector measure effective date/status key points and impact Immigration Executive Decree No. 259/21 of 5 August Effective from 5 August The Executive Decree: 2021 2021. • repeals: • Executive Decree No. 122/21 of 12 May 2020; and • all provisions contrary to the provisions of this Executive Decree; and • provides that: • documents relating to the permanence of foreign citizens who are absent from the national territory, namely residence permit, refugee card, investor visa, work visa and temporary stay visa, which expired from 28 February 2020, shall be considered valid until 30 September 2021; and • the said documents shall be renewed or extended without penalty, as their holders return to the country, provided that the renewal or extension is requested within five working days, from the date of entry into national territory, or after compliance with the quarantine, if this is the case. Applies to Presidential Decree No. 189/21 Effective from 8 August The Presidential Decree; multiple sectors (Exceptional and Temporary Measures to 2021 to 23:59 on 6 • repeals Presidential Decree No. 173/21 of 8 July 2021, which Prevent and Control the Spread of SARS- September 2021. updated the previous measures, and other legislation contrary to CoV-2 Virus and COVID-19) of 6 August the provisions of this Presidential Decree; and 2021 • updates: • the measures to prevent and control the spread of the SARS-CoV-2 virus and COVID-19; and • the rules for the operation of public and private services and social and other activities during the Situation of Public Calamity.
4 Cabo Verde sector measure effective date/status key points and impact Labour / Law No. 1/X/2021 (Amendment of the Effective from 7 August The Law amends the Simplified Regime of Suspension of Employment Employment Simplified Regime of Suspension of 2021. Contracts, approved by Law No. 97/IX/2020 of 23 July, amended by Law Employment Contracts) of 6 August 2021 No. 103/IX/2020 of 29 October, by Law No. 113/IX/2021 of 8 January and by Law No. 126/IX/2021 of 23 April, which establishes the exceptional and temporary measures for job protection under the COVID-19 pandemic to provide, among others, that: • the regime provided for in the Law shall apply until 30 September 2021; and • the Law applies to private employers and companies with a majority or exclusively public capital, as well as their workers in the tourism sector and related activities, events, industries and exporting services, aimed at maintaining jobs and mitigating business crises. Applies to Decree-Law No. 54/2021 (Amendment of Effective from 13 August The Decree-Law makes the fifth amendment to Decree-Law No. multiple sectors the Exceptional Measures for the 2021. 38/2020, of 31 March 2020, as amended, in relation, among others, to: Protection of Families, Companies, Private • the moratorium granted to beneficiary entities benefitting from Institutions of Social Solidarity in the measures to support credit exposures; and Context of the COVID-19 Pandemic) of 12 • extension of the said measures for a period of six months, from 30 August 2021 September 2021 to 31 March 2022, with the applicable adjustments. Applies to Rectification No. 129/2021 of 17 August Effective from 22 August The Rectification provide for the rectification of the Regime for Issuing, multiple sectors 2021 2021. Verifying and Accepting COVID-19 Certificates, approved by Resolution No. 78/2021 of 30 July to provide, under Article 26(7), that "COVID vaccination certificates are not issued for vaccines against COVID-19 whose use is not recognised in Cabo Verde by the competent national authorities".
5 Cabo Verde sector measure effective date/status key points and impact Insurance Decree-Law No. 55/2021 (Exceptional and Effective from 20 August The Decree-Law: Temporary Regime on the Payment of 2021 to 31 March 2022. • approves the exceptional and temporary regime concerning the Insurance Premiums under the COVID-19 payment of insurance premiums and the effects of the temporary pandemic) of 18 August 2021 reduction of risk on insurance contracts, arising from a significant reduction or suspension of activity; and • sets out: • the exceptional insurance premium payment scheme; • exceptional arrangements applicable in the event of a significant reduction or suspension of activities; and • the supervision, regulation and sanctioning regime. Applies to Resolution No. 82/2021 of 23 August Effective from 24 August The Resolution approves the requirement to submit valid reverse multiple sectors 2021 2021. transcription polymerase chain reaction (RT-PCR) test or negative antigen test results, every fourteen days, or a COVID-19 vaccination certificate, which applies to workers and public and private service providers who serve or have direct contact with the public, as well as those who share common spaces and means of transport with them, as a measure to protect public health and strengthen vaccination. Applies to Resolution No. 84/2021 (Integrated Effective from 26 August The Resolution establishes the Integrated Programme of Mobilisation multiple sectors Programme of Mobilisation and 2021. and Awareness-raising Actions for Vaccination against COVID-19, as Awareness-raising Actions against COVID- well as the Work Team of that programme. 19) of 25 August 2021
6 Ghana sector measure effective date/status key points and impact Immigration Press Release: GIS to conduct mandatory Issued on 28 July 2021 by The Press Release provides that: COVID-19 test for persons applying for the Ghana Immigration • the mandatory COVID-19 test applies to all non-Ghanaians applying immigration permits Service (“GIS”). for work permits, renewal of work permits and extension of visitors’ permits, effective from 11 August 2021; • the COVID-19 tests will be run during the normal medical examinations conducted for immigration permits at the GIS clinic; and • the test will be conducted at a cost GHS150.
7 Kenya sector measure effective date/status key points and impact Applies to Review of COVID-19 Containment In force. The Public Order: multiple sectors Measures vide Public Order No. 5 of 2021 • extends the measures outlined in Public Order No. 4 of 2021 issued on the Coronavirus Pandemic Issued vide the Presidential vide the 16th Presidential Address of 29 June 2021; and Address of 18 August 2021. • provides that: • a nation-wide curfew shall continue to be observed from 22:00 to 04:00 for a further period of 60 days; • public gatherings and meetings are suspended with immediate effect for a period of 60 days; and • the operation of bars, restaurants and eateries shall continue as guided by the Ministry of Health guidelines.
8 Lesotho sector measure effective date/status key points and impact Applies to Public Health (COVID-19) (Risk Effective from 2 July 2021. The Regulations: multiple sectors Determination and Mitigation Measures) • repeal the Public Health (COVID-19) (Risk Determination and (No. 7) Regulations, 2021, Legal Notice Published in the Lesotho Mitigation Measures) (No. 6) Regulations, 2021, Legal Notice No. 33 No. 83 of 2021 Government Gazette, Vol. of 2021; and 66, No. 73 dated 2 July • set out measures concerning, inter alia: 2021. • the prevention of the introduction and spread of COVID-19; • transport; • the operating hours and mode of operation for gatherings, churches, events, entertainment, entities, enterprises and businesses; • requirements concerning the cleaning and disinfection of public places and places of business; • the sale, distribution or transportation of liquor; • medical screening, testing and personal protective equipment; and • quarantine and isolation. Applies to Internal Security Curfew Order Notice, The Order shall remain in The Notice imposes a curfew on all persons throughout Lesotho, except multiple sectors 2021, Legal Notice No. 84 of 2021 force until revoked. as provided for under the Public Health (COVID-19) (Risk Determination and Mitigation Measures) (No. 7) Regulations, 2021 [see above], with Published in the Lesotho effect from 24 July 2021 from 21:00 to 05:00. Government Gazette, Vol. 66, No. 74 dated 23 July 2021.
9 Mauritius sector measure effective date/status key points and impact Applies to Finance (Miscellaneous Provisions) Act Published in the Legal The Act amends the Quarantine Act 2020 by adding the Third Schedule multiple sectors 2021, Act No. 15 of 2021 Supplement to the set out in the Thirteenth Schedule, which fixes a fine of MUR2000 for Government Gazette of failure to wear a protective mask over the mouth and nose in breach of Mauritius No. 121 of 5 the COVID-19 (Preventive and Sanitary Measures) Regulations 2021. August 2021.
10 Mozambique sector measure effective date/status key points and impact Applies to Decree No. 62/2021 of 27 August 2021 Effective from 28 August The Decree, inter alia: multiple sectors 2021 for a period of 30 days. • maintains the measures to contain the spread of the COVID-19 pandemic, while the Situation of Public Calamity is in force; • extends the validity of identity documents and drivers licences until 27 September 2021; • sets a mandatory curfew from 22:00 to 04:00 in Maputo, all provincial capital cities, cities, villages and municipalities; and • permits meetings in public and private institutions with a limit of 25 and 50 people in closed and open venues, respectively, and not exceeding 20% of the venue capacity.
11 Namibia sector measure effective date/status key points and impact Applies to Amendment of Public Health COVID-19 Effective from 00:00 on 15 The Government Notice amends the Public Health COVID-19 General multiple sectors General Regulations: Public and August 2021 to 24:00 on 15 Regulations, Government Notice No. 91 of 30 April 2021, as amended, Environmental Health Act, 2015, September 2021. by inter alia: Government Notice No. 175 of 2021 • deleting the definition of “specified period” in regulation 1; Published in the Namibia • repealing regulation 2A; Government Gazette No. • setting restrictions relating to the sale of liquor in terms of a liquor 7604 dated 14 August 2021. licence and the purchase of liquor; and • permitting the resumption of the following businesses, operations and activities: • casinos, gambling houses and betting houses; • other recreational places or activities, including swimming pools and playgrounds; • nightclubs; and • gymnasiums, provided that the number of persons inside a facility may not exceed 50% of the floor area of the facility or 100 persons at any time when the facility is open for business, operations or activities.
12 Rwanda sector measure effective date/status key points and impact Finance Law No. 048/2021 of 18/08/2021 Effective from its publication The Law approves for ratification the Financing Agreement between approving the ratification of the Financing in the Official Gazette of the the Republic of Rwanda and the International Development Agreement, between the Republic of Republic of Rwanda No. Association, relating to the credit of JPY10,887,600,000 for a project on Rwanda and the International Special of 21 August 2021. recovery and resilience of businesses affected by the COVID-19 Development Association, relating to the pandemic, signed at Kigali, Rwanda on 23 June 2021. credit of ten billion eight hundred eighty- seven million six hundred thousand Yens (JPY10,887,600,000) for access to finance for a project of recovery and resilience of businesses affected by the COVID-19 pandemic, signed at Kigali Rwanda, on 23 June 2021 Finance Law No. 049/2021 of 18/08/2021 Effective from its publication The Law approves for ratification the Grant Agreement between the approving the ratification of the Grant in the Official Gazette of the Republic of Rwanda and the International Development Association Agreement, between the Republic of Republic of Rwanda No. acting as administrator of the Global Risk Financing Facility, relating to Rwanda and the International Special of 21 August 2021. the grant of USD7.5-million for access to finance for a project on Development Association acting as recovery and resilience of businesses affected by the COVID-19 administrator of the Global Risk Financing pandemic, signed at Kigali, Rwanda on 23 June 2021. Facility, relating to the grant of seven million five hundred thousand American Dollars (USD7,500,000) for a project of recovery and resilience of businesses affected by the COVID-19 pandemic, signed at Kigali, Rwanda, on 23 June 2021
13 Rwanda sector measure effective date/status key points and impact Finance Law No. 050/2021 of 18/08/2021 Effective from its publication The Law approves for ratification, the Financing Agreement between approving the ratification of the Financing in the Official Gazette of the the Republic of Rwanda and the International Development Agreement between the Republic of Republic of Rwanda No. Association, relating to the credit of JPY2,721,900,000 and to the grant Rwanda and the International Special of 21 August 2021. of SDR17.5-million for a project on recovery and resilience of Development Association, relating to the businesses affected by the COVID-19 pandemic, signed at Kigali, credit of two billion seven hundred and Rwanda on 23 June 2021. twenty-one million, nine hundred thousand Yens (JPY2,721,900.000) and to the grant of seventeen million five hundred thousand Special Drawing Rights (SDR17,500,000) for a project of recovery and resilience of businesses affected by the COVID-19 pandemic, signed at Kigali, Rwanda, on 23 June 2021 Finance Presidential Order No. 094/01 of Effective from its publication The Presidential Order provides that the Financing Agreement between 18/08/2021 ratifying the Financing in the Official Gazette of the the Republic of Rwanda and the International Development Agreement between the Republic of Republic of Rwanda No. Association, relating to the credit of JPY10,887,600,000 for a project on Rwanda and the International Special of 21 August 2021. access to finance for recovery and resilience of businesses affected by Development Association, relating to the the COVID-19 pandemic, signed at Kigali, Rwanda on 23 June 2021 is credit of ten billion eight hundred eighty- ratified and becomes fully effective. seven million six hundred thousand Yens (JPY10,887,600,000) for a project of recovery and resilience of businesses affected by COVID-19 pandemic, signed at Kigali, Rwanda, on 23 June 2021
14 Rwanda sector measure effective date/status key points and impact Finance Presidential Order No. 095/01 of Effective from its publication The Presidential Order provides that the Grant Agreement between the 18/08/2021 ratifying the Grant in the Official Gazette of the Republic of Rwanda and the International Development Association Agreement between the Republic of Republic of Rwanda No. acting as administrator of the Global Risk Financing Facility, relating to Rwanda and the International Special of 21 August 2021. the grant of USD7.5-million for a project on access to finance for Development Association acting as recovery and resilience of businesses affected by the COVID-19 administrator of the Global Risk Financing pandemic, signed at Kigali, Rwanda on 23 June 2021 is ratified and Facility, relating to the grant of seven becomes fully effective. million five hundred thousand American Dollars (USD7,500,000) for a project of access to finance for recovery and resilience of businesses affected by the COVID-19 pandemic Finance Presidential Order No. 096/01 of Effective from its publication The Presidential Order provides that the Financing Agreement between 18/08/2021 ratifying the financing in the Official Gazette of the the Republic of Rwanda and the International Development agreement between the Republic of Republic of Rwanda No. Association, relating to the credit of JPY2,721,900,000 and to the grant Rwanda and the International Special of 21 August 2021. of SDR17.5-million for a project on access to finance for recovery and Development Association, relating to the resilience of businesses affected by the COVID-19 pandemic, signed at credit of two billion seven hundred and Kigali, Rwanda on 23 June 2021 is ratified and becomes fully effective. twenty-one million, nine hundred thousand yens (JPY2,721,900,000) and to the grant of seventeen million five hundred thousand special drawing rights (SDR17,500,000) for a project of access to finance for recovery and resilience of businesses affected by the COVID-19 pandemic, signed at Kigali, Rwanda, on 23 June 2021
15 Zimbabwe sector measure effective date/status key points and impact Applies to Public Health (COVID-19 Published in the Supplement The Order amends the Public Health (COVID-19 Prevention, multiple sectors Prevention, Containment and Treatment) to the Zimbabwean Containment and Treatment) (National Lockdown) Order, 2020, (National Lockdown) (No. 2) Government Gazette published in Statutory Instrument No. 200 of 2020: (Amendment) Order, 2021 (No. 33), Extraordinary dated 25 • in section 26E (“Partial reversion to Level IV national lockdown”)(2) Statutory Instrument No. 220 of 2021 August 2021. by the deletion of “10 August 2021” and the substitution thereof with “7 September 2021”; and • to provide that: • the intercity carriage of staff, goods or equipment needed in connection with services or businesses governed by Parts IV and V of the Order shall not, with the specified exception, be regarded as the intercity carriage of staff, goods or equipment needed in connection with an essential service until 7 September 2021; and • the special lockdowns referred to in section 26F (“Special lockdowns of Hurungwe, Kariba, Kwekwe and Makonde Districts”) and other COVID-19 infection hotspots declared by the minister in terms of section 26E(3) are extended to 7 September 2021. See the consolidated version of the COVID-19 National Lockdown Order, produced by Veritas - as amended up to and including amendments made by SI 220/2021: http://www.veritaszim.net/node/5226. * This a non-exhaustive list of recent regulatory measures aimed at mitigating the impact of COVID-19. Please note that the COVID-19 measures may be subject to amendments made prior to publication of this Issue.
legislation
17 Multiple African jurisdictions sector legislation effective date/status key points and impact Tax ENSafrica: Africa Tax in Brief Published on 30 August For more detail on the latest tax developments across Africa, please 2021. refer to the ENSafrica Tax ENSight.
18 Angola sector legislation effective date/status key points and impact Labour / Law No. 17/21 (Volunteering Law) of 30 Effective from 30 July 2021. The Law: Employment July 2021 • applies to all nationals, foreigners and legal persons participating in solidarity actions, organised or promoted by promoters. Promoters are defined as public entities and legally constituted legal entities who meet the conditions to integrate volunteers and coordinate the exercise of their activities; • establishes the Legal Regime of Volunteering, which aims to regulate and promote the participation of citizens in volunteering activities; • sets out: • activities of promoters; • rights and duties of volunteers; and • the relationship between a volunteer and promoter; and • provides that the following volunteering activities are not considered for the purposes of this Law: • those developed as a result of an employment, administrative, commercial or professional relationship of any kind; • voluntary actions isolated, sporadic, or provided on the margins of promoting organisations, carried out for family reasons, benevolence, friendship or good neighbourliness; and • those which generate some economic benefit for the persons, entities or organisations that carry them out.
19 Angola sector legislation effective date/status key points and impact Real estate Presidential Decree No. 191/21 (Rules on Effective from 10 August The Presidential Decree: Registration, Evaluation and 2021. • repeals: Reassessment of Real Estate) of 10 August • Presidential Decree No. 81/11 of 25 April, which approved 2021 the Evaluation and Revaluation Tables of Urban Buildings; and • Order No. 1069/11 of 29 December, which approved the update of the base values corresponding to the average value per square metre of the urban buildings contained in the evaluation tables; and • approves the rules on the registration, evaluation and reassessment of buildings for the purposes of the provisions of the Property Tax Code, approved by Law No. 20/20 of 9 July, which establishes the rules applicable to the procedures for registration, evaluation and reassessment of buildings, as well as the organisation, conservation, renovation, amendment and replacement of building matrices to which all urban and rustic buildings are subject. Maritime Resolution No. 58/21 of 13 August 2021 Effective from 13 August The Resolution approves for accession by the Republic of Angola, the 2021. Convention on the International Hydrographic Organization signed in Monaco on 3 May 1967, whose purpose is to: • promote the use of hydrography for the safety of navigation and for any other maritime activity; • increase the level of global awareness of the importance of hydrography; and • improve the availability and quality of hydrographic data, information, products and services worldwide, as well as facilitate access to them.
20 Ghana sector legislation effective date/status key points and impact Banking / Finance Mergers and Acquisitions Directives, 2021 Issued in August 2021 by the The Directives: and Explanatory Notes on the Revised Bank of Ghana. • apply to companies regulated under the Banks and Specialised Mergers and Acquisitions Directives Deposit-Taking Institutions Act, 2016 (Act 930); and • among others: • set minimum conditions that must be fulfilled by the parties to a proposed merger or acquisition; • prescribe post-merger and post-acquisition requirements for regulated financial institutions; and • aim at ensuring that: • the interest of a regulated financial institution, its depositors and creditors will not be threatened by a change in significant shareholding or control in that regulated financial institution; and • the merger and/or acquisition does not adversely affect competition and the stability of the financial system.
21 Kenya sector legislation effective date/status key points and impact Education / Industrial Training (Trade Testing) Rules, Published in the Kenya The Rules: Training 2021, Legal Notice No.100 of 2021 Gazette Supplement No. • provide that the Cabinet Secretary may, on the advice of the 122, Legislative Supplement National Industrial Training Board, approve, by notice in the No. 49 dated 25 June 2021. Gazette, tests, considered necessary for the purpose of assessing the occupational skills of persons, other than apprentices and indentured learners, in any particular trade or occupation, or trades and occupations generally; and • set out: • the application procedure for persons wishing to undertake a trade test; and • the minimum entry requirements for all trade test levels. Agriculture Coffee (General) (Amendment) Published in the Kenya The Regulations amend regulation 46 of the Coffee (General) Regulations, 2021, Legal Notice No. 104 of Gazette Supplement No. Regulations, 2019, Legal Notice No. 102 of 2019 to provide that, 2021 132, Legislative Supplement notwithstanding the provisions of paragraphs (a) and (b), all marketing No. 52 of 2 July 2021. licenses existing as at 1 July 2021, shall remain valid until 30 June 2022. Intellectual Anti-Counterfeit (Amendment) Published in the Kenya The Regulations amend the Anti-Counterfeit Regulations, 2010 to, property Regulations, 2021, Legal Notice No. 117 of Gazette Supplement No. among others: 2021 143, Legislative Supplement • substitute certain words; No. 57 of 23 July 2021. • substitute regulation 18 with a new regulation 18 (“Appointment of an agent”); and • insert a new regulation 20A (“Application for compounding of offences”).
22 Kenya sector legislation effective date/status key points and impact Intellectual Anti-Counterfeit (Recordation) Published in the Kenya The Regulations: property Regulations, 2021, Legal Notice No. 118 of Gazette Supplement No. • provide that, pursuant to section 34B(3) of the Anti-Counterfeit Act 2021 143, Legislative Supplement No. 13 of 2008, an application to record an intellectual property No. 57 of 23 July 2021. right relating to goods to be imported into Kenya shall be made by the owner of the intellectual property in the Form ACA1B set out in the First Schedule and accompanied by the fee specified in the Second Schedule to the Regulations; and • provide for: • the change of ownership of a recorded intellectual property right; • the change of name of the registrant of a recorded intellectual property right; • application for renewal of a recordation; and • the cancellation or revocation of an intellectual property right. Water Water Resources Regulations, 2021, Legal Published in the Kenya The Regulations: Notice No. 170 of 2021 Gazette Supplement No. • repeal the Water Resources Management Rules, 2007, Legal Notice 153, Legislative Supplement No. 171 of 2007; No. 66 of 12 August 2021. • apply to: • the regulation, management, use and development of water resources; and • all water resources whether perennial or seasonal, including water resources of the territorial sea; and • require a person who intends to undertake an activity involving the use of water from a water resource to apply to the Water Resources Authority for a permit before commencing the activity.
23 Kenya sector legislation effective date/status key points and impact Water Water Harvesting and Storage Published in the Kenya The Regulations: Regulations, 2021, Legal Notice No. 169 of Gazette Supplement No. • apply to: 2021 153, Legislative Supplement • the policies, plans, programmes and activities of the No. 66 of 12 August 2021. national government, county governments and entities of the national and county governments; and • public and private waterworks for water harvesting and storage, reservoirs for impounding surface run-off and for regulating stream flows to synchronize them with water demand patterns and structures and devices for flood control and management; and • provide, among others, for: • the licensing of qualified professionals and contractors with respect to waterworks; • the classification of storage dams and other waterworks; • the development of waterworks; • the maintenance and management of water works; • strategic water emergency interventions; • climate change and flood mitigation; and • water harvesting.
24 Kenya sector legislation effective date/status key points and impact Water Water Services Regulations, 2021, Legal Published in the Kenya The Regulations: Notice No. 168 of 2021 Gazette Supplement No. • apply to the National Government, national government entities, 153, Legislative Supplement county governments, county government entities and any other No. 66 of 12 August 2021. person providing water services in Kenya; • provide that subject to the provisions of the Constitution and the Water Act No. 43 of 2016, the county executive committee member shall be responsible for the development and provision of water and sewerage services within the county; • require, within 12 months of the coming into force of these Regulations or such extended period as the Regulatory Board may allow, a person providing or intending to provide water services to apply to the Regulatory Board for the issuance of a licence in accordance with section 74 of the Water Act; and • provide, among others, for: • the county government framework for water services provision; • the establishment, operation and financing of water services providers; • licence application requirements and procedure; • systems and standards for operation of water services; • the implementation of tariffs; and • applicable fees and levies.
25 Lesotho sector legislation effective date/status key points and impact Mining / Labour / Labour Code (Exemption of Diamond Effective from 2 July 2021. The Regulations: Employment Mining Industry from Sections 117 and • provide for the exemption of diamond mineral rights holders and 118) Regulations, 2021, Legal Notice No. Published in the Lesotho their respective contractors and subcontractors from application of 68 of 2021 Government Gazette, Vol. sections 117 and 118 of the Labour Code Order; and 66, No. 65 dated 2 July • set out conditions attached to the exemptions. 2021. Real estate / Deeds Registry (Amendment) Regulations, Published in the Lesotho The Regulations amend regulation 32(1) of the Deeds Registry Property 2021, Legal Notice No. 70 of 2021 Government Gazette, Vol. Regulations, 1967, legal Notice No. 52 of 1967, by inserting the words 66, No. 65 dated 2 July “in the prescribed form or on-line” after the word “lodged”. 2021. Land Land (Amendment) Regulations, 2021, Published in the Lesotho The Regulations amend the Land Regulations, 2011 by inserting Legal Notice No. 73 of 2021 Government Gazette, Vol. specified words in the applicable regulations concerning: 66, No. 65 dated 2 July • the procedure for application for a lease; 2021. • change of use or variation; • transfer and disposal of land rights in urban areas; • procedure for surrender of land held under a lease; • consent; and • maps and plans. Transport Toll-Gate (Amendment) Regulations, Effective from 9 July 2021. The Regulations: 2021, Legal Notice No. 80 of 2021 • repeal the Toll-Gate (Amendment) Regulations, 2020, Legal Notice Published in the Lesotho No. 19 of 2020; and Government Gazette, Vol. • amend the Toll-Gate Regulations, 2001, Legal Notice No. 165 of 66, No. 71 dated 9 July 2001 to provide for toll-gate charges payable when entering 2021. Lesotho.
26 Lesotho sector legislation effective date/status key points and impact Energy Lesotho Electricity and Water Authority Effective from 9 July 2021. The Rules amend the Lesotho Electricity and Water Authority (Universal (Universal Access Fund) (Amendment) Access Fund) Rules, 2011, Legal Notice No. 83 of 2011 in respect of Rules, 2021, Legal Notice No. 81 of 2021 Published in the Lesotho accounting by the Board of Lesotho Electricity Authority to provide that Government Gazette, Vol. the chief executive, as the accounting officer of the Universal Access 66, No. 71 dated 9 July Fund (the “Fund”) shall “as soon as possible, but not later than six 2021. months after the end of each financial year, cause the transactions of the Fund for that year to be prepared and consolidated into the Authority’s financial statements for the year.” Minerals Precious Stones (Prevention of Illicit and Effective from 9 July 2021. The Regulations substitute regulation 2(1) of the Precious Stones Theft of Diamonds) (Amendment) (Prevention of Illicit and Theft of Diamonds) Regulations, 2021, Legal Regulations, 2021, Legal Notice No. 82 of Published in the Lesotho Notice No. 25 of 2021 with a new regulation 2(1) which provides that 2021 Government Gazette, Vol. “A person who is in possession of a diamond without a valid diamond 66, No. 71 dated 9 July dealers’ licence and would otherwise be committing an offence under 2021. the Precious Stones Act, 1970 (referred to in this notice as the “principal law”) shall not be prosecuted, but shall be dealt with in accordance with section 26 of the principal law, from the coming into operation of this notice, until 30 September 2021.” Real estate / Security Interest in Movable Property Act Published in the Lesotho The Notice provides that the date on which the Security Interest in Property (Commencement) Notice, 2021, Legal Government Gazette, Vol. Movable Property Act, 2020 shall come into operation is 6 August 2021. Notice No. 93 of 2021 66, No. 78 dated 6 August 2021.
27 Mauritius sector legislation effective date/status key points and impact Education / Institute of Technical Education and The Act shall come into The Act provides for: Training Technology Act 2021, Act No. 13 of 2021 operation on a date to be • the establishment of the Institute of Technical Education and fixed by Proclamation. Technology (the “Institute”), which shall be administered and managed by the Institute of Technical Education and Technology Published in the Legal Council; and Supplement to the • the objects and functions of the Institute, including the provision of Government Gazette of high quality technical and technology education. Mauritius No. 111 of 24 July 2021.
28 Mozambique sector legislation effective date/status key points and impact Energy Resolution No. 39/2021 (Strategy for the Effective from 19 August The Resolution: Granting of Areas for Petroleum 2021. • repeals Resolution No. 27/2009 (Strategy for the Granting of Areas Operations) of 4 August 2021 for Petroleum Operations) of 9 June 2009; and • approves the Strategy for the Granting of Areas for Petroleum Operations to: • ensure the continuation of systematic oil research in the country's sedimentary basins; • encourage the national private sector to invest in oil research and production activities; and • promote foreign investment in oil research and production in Mozambique. Film Ministerial Diploma No. 73/2021 of 6 Effective from 6 August The Ministerial Diploma approves the Regulation setting out the rules August 2021 2021. and procedures for the support and financing of audiovisual and film activity, which lays down the rules on audiovisual and film support programmes with the aim of supporting the development of audiovisual and film activity. Real estate / Decree-Law No. 2/2021 (Amendment of Effective from 9 August The Decree-Law amends the Civil Code, approved by Decree-Law No. Property the Civil Code) of 9 August 2021 2021. 47344 of 25 November 1966, to: • introduce and recognise a new form for mortgage, purchase and sale and loan agreements, which allows for their execution with reference to a model of contract approved by a competent authority; and • promote the debureaucratisation, flexibility and simplification of procedures.
29 Mozambique sector legislation effective date/status key points and impact Applies to Ministerial Diploma No. 77/2021 of 16 Effective from 16 August The Ministerial Diploma: multiple sectors August 2021 2021. • repeals Ministerial Diploma No. 79/2015 of 5 June; and • approves the table of fees due for the procedures carried out by the Competition Regulatory Authority under the Competition Act, approved by Law No. 10/2013 of 11 April. Infrastructure / Decree No. 57/2021 (Specific Regime for Effective from 17 August The Decree approves the Specific Regime for the Supervision of Road Construction the Supervision of Road and Bridge 2021. and Bridge Works, which: Works) of 17 August 2021 • has as its object, the establishment of its own system for the supervision of road and bridge works; and • applies to: • the supervision of: • maintenance of coated roads and metal bridges; • rehabilitation and maintenance of uncoated roads; • emergency repairs; • construction, rehabilitation and maintenance of reinforced concrete bridges, up to 80 metres long, and drainage structures; • assembly of metal bridges, up to 80 meters long; and • road signs; and • the supervision by technicians of the body responsible for the administration of roads and bridges or by the body responsible for the road network in the respective area of jurisdiction.
30 Mozambique sector legislation effective date/status key points and impact Labour / Decree No. 58/2021 (Acquired Skills Effective from 17 August The Decree approves the Acquired Skills Recognition System (“SRCA”), Employment / Recognition System) of 17 August 2021 2021. which: Training • establishes the legal regime for Acquired Skills Recognition (“RCA”); • applies to: • RCA processes, through lifelong learning, in work contexts; and • individuals aged 18 years or older and with proven experience of at least three years in an area related to the qualification for which they are applying; • defines the objectives and principles of the SRCA; and • regulates the evaluation, validation and certification of acquired skills. Metals / Mining Ministerial Diploma No. 78/2021 Effective from 17 August The Ministerial Diploma approves the Kimberley Process Certificate (Kimberley Process Certificate Model for 2021. Model for rough diamonds and the Certificate of Origin Model for Rough Diamonds and Certificate of Origin precious metals and gems under the Regulation for the Trading of Model for Precious Metals and Gems) of Diamonds, Precious Metals and Gems, approved by Decree No. 17 August 2021 25/2015 of 20 November.
31 Mozambique sector legislation effective date/status key points and impact Energy Decree No. 60/2021 (Regulation of Effective from 18 August The Decree: Licences for Electrical Installations) of 18 2021. • repeals Decree No. 10/2020 (Regulation of Licences for Electrical August 2021 Installations); • approves the Regulation of Licences for Electrical Installations, which: • sets out the standards to be followed in the concession of licences for the establishment and operation of installations intended for the production, transport, processing, distribution and use of electricity for any purpose or service; • regulates the: • classification of facilities; • licences for the establishment of electrical installations, operation or use of electrical installations, and alteration and transmission of electrical installations; • conditions for the establishment of electrical installations; and • responsibilities of the owners, concessionaires or operators of electrical installations; and • fixes penalties for non-compliance.
32 Mozambique sector legislation effective date/status key points and impact Maritime resource Ministerial Diploma No. 80/2021 Effective from 23 August The Ministerial Diploma approves the Fisheries Management Plan (Fisheries Management Plan 2021-2025) 2021. 2021-2025, which focuses on the surface shrimp fisheries of the Sofala of 23 August 2021 Bank, demersal fish of rocky bottoms and deep-sea crustaceans. Maritime Order No. 24/08/2021 (Rate of Private Effective from 24 August The Order: Use of the National Maritime Space) 24 2021. • establishes the base values of the components of the National August 2021 Maritime Space Private Use Rate (“TUPRI”) and the respective calculation formula; and • provides that all persons, natural or legal, who hold a concession or licence for the private use of the national maritime space are taxpayers of TUPRI. Maritime Ministerial Diploma No. 81/2021 of 24 Effective from 24 August The Ministerial Diploma establishes the regime and amount of August 2021 2021. guarantee required to ensure: • the maintenance of the physical-chemical and biological conditions of the marine environment; and • at the time of waiver or extinction of the right of private use, the removal of movable and/or fixed works and structures.
33 Namibia sector legislation effective date/status key points and impact Immigration Amendment of Regulations under Published in the Namibia The Government Notice amends: Namibian Citizenship Act, 1990, Government Gazette No. • regulation 11 of the Regulations under the Namibian Citizenship Act, Government Notice No. 152 of 2021 7583 dated 19 July 2021. 1990, Government Notice No. 14 of 22 February 1991, as amended, (the “Regulations”) by substituting the “Certification of copies of certain documents by Ministry officials”, providing the manner in which a copy of a certificate, affidavit or entry in any register shall be certified by the Ministry officials; and • regulation 12 of the Regulations by setting fees applicable to various citizenship certificates and the renunciation of citizenship. Immigration Amendment of Regulations under Published in the Namibia The Government Notice amends regulation 24 of the Regulations under Immigration Control Act, 1993, Government Gazette No. the Namibian Immigration Control Act,1993, Government Notice No. Government Notice No. 153 of 2021 7583 dated 19 July 2021. 134 of 29 July 1994, as amended, by setting fees for various visas, permits, certificates or appeals (in respect of visa, permit and certificate of identity applications). Home affairs Amendment of Regulations under Births, Published in the Namibia The Government Notice amends regulation 14 of the Regulations under Marriages and Deaths Registration Act, Government Gazette No. the Births, Marriages and Death Registration Act, 1963, Government 1963, Government Notice No. 154 of 7583 dated 19 July 2021. Notice No. 214 of 24 December 1987, as amended, by substituting 2021 subregulation (7) relating to fees payable for the issue of a birth, marriage and death certificates, or corrections thereof.
34 Namibia sector legislation effective date/status key points and impact Home affairs Amendment of Regulations under Published in the Namibia The Government Notice amends Regulation 7 of the Regulations under Identification Act, 1996, Government Government Gazette No. the Identification Act, Government Notice No. 96 of 18 May 2001, as Notice No. 155 of 2021 7583 dated 19 July 2021. amended, which provides for applications for duplicate or improved identity documents, as well as applicable fees. Home affairs Amendment of Regulations under Published in the Namibia The Government Notice amends the Namibia Refugees (Recognition Namibia Refugees (Recognition and Government Gazette No. and Control) Regulations, Government Notice No. 236 of 22 September Control) Act, 1999, Government Notice 7583 dated 19 July 2021. 2000 in relation to: No. 156 of 2021 • the issuance of identity cards under regulation 5, by setting fees payable by persons applying for duplicate identity cards; and • travel documents under regulation 6, by: • setting out the procedure for applications for travel documents; and • setting the fees payable for first time applications, the renewal of a travel document and the re-issue of a travel document that has been lost or damaged. Biological and Regulations Under Access to Biological Published in the Namibia The Government Notice sets out the Regulations Under Access to genetic resources and Genetic Resources and Associated Government Gazette No. Biological and Genetic Resources and Associated Traditional Knowledge Traditional Knowledge Act, 2017, 7597 dated 6 August 2021. Act, 2017, which provide, among others, for: Government Notice No. 161 of 2021 • the functions of the Office, establishment of branch offices and requirements for the establishment of the research and development facility; • obtaining prior informed consent, application for access permits, bioprospecting activities, and research promoting and encouraging conservation and sustainable use of biological diversity; • access and benefit sharing agreements and benefits arising from biological and genetic resources held by the state; and • material transfer agreements.
35 Namibia sector legislation effective date/status key points and impact Labour / Publication of request for, and invitation Published in the Namibia The Government Notice, in terms of a request by the Construction Employment / for objections to, extension of collective Government Gazette No. Industries Federation of Namibia and the Metal and Allied Namibian Construction agreement for minimum wage and 7600 dated 12 August 2021. Workers Union to extend the collective agreement set out in the adjustment of existing level for Schedule to the Government Notice to employers and employees in the Construction Industry: Labour Act, 2007, construction industry who are not parties to that agreement, provides Government Notice No. 165 of 2021 that any person who wishes to object to the extension of the agreement, in whole or in part, is invited to deliver a written statement setting forth the reasons for the objection to the Ministry of Labour, Industrial Relations and Employment Creation within 30 days from the date of publication of this Government Notice, or send the written statement by mail to the Minister of Labour, Industrial Relations and Employment Creation. Pharmaceutical Amendment of Regulations Relating to Published in the Namibia The Government Notice provides for the substitution of Annexure Medicines and Related Substances: Government Gazette No. XXXVIII of the Regulations Relating to Medicines and Related Medicines and Related Substances 7608 dated 24 August 2021. Substances published under Government Notices No. 178 of 25 July Control Act, 2003, Government Notice 2008, as amended, with a new Annexure XXXVIII setting out applicable No. 178 of 2021 fees.
36 Nigeria sector legislation effective date/status key points and impact Energy Petroleum Industry Bill, 2021 Signed into law on 16 For more detail on the Petroleum Industry Bill, 2021, please refer to the August 2021 by President ENSafrica Africa regulatory ENSight. Muhammadu Buhari. Banking Circular No. FPRD/DIR/PUB/CIR/01/020: Published on 19 August The Circular: To all Microfinance Banks: Cessation of 2021 by the Central Bank of • requires microfinance banks (“MFBs”) to comply with the extant Non-Permissible Activities by Nigeria (“CBN”). Revised Regulatory and Supervisory Guidelines for Microfinance Microfinance Banks Banks in Nigeria 2012 (the “Guidelines”); and • provides that, for the avoidance of doubt, and consistent with the permissible activities of specialised micro-institutions: • MFBs are strictly prohibited from foreign exchange transactions; • MFBs are to primarily focus on providing financial services to retail and/or micro clients; • micro credit and retail transactions carried out by MFBs are limited to NGN500 000 per transaction for Tier 2 Unit MFBs and NGN1-million for other categories; and • micro credit facilities shall constitute a minimum of 80% of total loans portfolio for MFBs; and • provides that the CBN will continue to monitor developments in the MFB sector and apply severe regulatory sanctions for breaches of extant regulations, including revoking the licences of non-compliant MFBs – in line with section 19 of the Guidelines).
37 Rwanda sector legislation effective date/status key points and impact Criminal Law No. 037/2021 of 28/07/2021 Effective from its publication The Law: amending Law No. 42/2014 of in the Official Gazette of the • repeals all prior legal provisions contrary to this Law; and 27/01/2015 governing recovery of Republic of Rwanda No. • amends Law No. 42/2014 of 27/01/2015 governing recovery of offence-related assets Special of 30 July 2021. offence-related assets: • in Article 3 to provide for the offences from which recoverable assets are derived from; • by inserting Article 9 bis, which provides for the sharing of confiscated assets; and • by inserting Article 9 ter, which provides for request for the sharing of confiscated assets. Banking / Finance Law No. 038/2021 of 28/07/2021 Effective from its publication The Law: amending Law No. 75/2019 of in the Official Gazette of the • repeals all prior legal provisions contrary to this Law; and 29/01/2020 on prevention and Republic of Rwanda No. • amends Law No. 75/2019 of 29/01/2020 on prevention and punishment of money laundering, Special of 30 July 2021. punishment of money laundering, financing of terrorism and financing of terrorism and financing of financing of proliferation of weapons of mass destruction in aspects proliferation of weapons of mass concerning: destruction • the definitions of terms; • reporting persons; • verification of client identification; • client due diligence and due diligence measures; • client identification; • cross-border cash or bearer negotiable instruments declaration; • exchange of information; and • responsibilities and powers of the supervisory authority.
38 Rwanda sector legislation effective date/status key points and impact Defence / Security Law No. 039/2021 of 28/07/2021 Law Effective from its publication The Law: amending Law No. 46/2018 of in the Official Gazette of the • repeals: 13/08/2018 on counter-terrorism Republic of Rwanda No. • Article 41 of Law No. 46/2018 of 13/08/2018 on counter- Special of 30 July 2021. terrorism; and • all prior legal provisions contrary to this Law; • amends Law No. 46/2018 of 13/08/2018 on counter-terrorism: • in aspects relating to: • the definition of terms; • dealing in funds or other assets of a designated person; and • making funds or other assets available to a designated person; and • to provide for the establishment of the National Counter- Terrorism Committee. Criminal Law No. 040/2021 of 28/07/2021 Law Effective from its publication The Law: amending Law No. 005/2021 of in the Official Gazette of the • repeals all prior legal provisions contrary to this Law; and 05/02/2021 governing mutual legal Republic of Rwanda No. • amends Article 2 of Law No. 005/2021 of 05/02/2021 governing assistance in criminal matters Special of 30 July 2021. mutual legal assistance in criminal matters to provide that the Law applies to the request for legal assistance in criminal matters to or from a foreign state with regard to the relevant, specified conduct and activities.
39 Rwanda sector legislation effective date/status key points and impact Banking / Finance Law No. 045/2021 of 18/08/2021 Effective from its publication The Law: governing the Financial Intelligence in the Official Gazette of the • provides that with the exception of Article 2 of Law No. 74/2019 of Centre Republic of Rwanda No. 29/01/2020 establishing the Financial Intelligence Centre, all its Special of 20 August 2021. other provisions and all prior provisions contrary to this Law are repealed; and • governs the Financial Intelligence Centre and determines its mission, responsibilities, powers, organisation and functioning. Insurance Law No. 030/2021 of 30/06/2021 Effective from its publication The Law, inter alia: governing the organisation of insurance in the Official Gazette of the • repeals: business Republic of Rwanda No. 29 • Decree-Law No. 20/75 of 20/06/1975 relating to insurance, of 2 August 2021. confirmed by the Law No. 01/82 of 26 January 1982 confirming the decree-laws as modified and complemented to date and Law No. 52/2008 of 10/09/2008 governing the organisation of insurance business; and • all prior legal provisions contrary to this Law; • governs the organisation of Insurance business; and • applies to: • insurers or reinsurers being public or private entities; • insurance intermediaries; • health maintenance organisations; • other authorised entities carrying out insurance-related business; • insurance contracts; and • reinsurance contracts entered into in Rwanda, unless otherwise provided by other laws or international treaties.
40 Rwanda sector legislation effective date/status key points and impact Defence / Security Presidential Order No. 100/01 of Effective from its publication The Order: 26/08/2021 governing the Coordination in the Official Gazette of the • repeals all prior provisions contrary to this Order; and Council responsible for preventing and Republic of Rwanda No. • determines: fighting money laundering, financing of Special of 26 August 2021. • members of the Coordination Council responsible for terrorism and financing of proliferation of preventing and fighting money laundering, financing of weapons of mass destruction terrorism and financing of proliferation of weapons of mass destruction; and • the organisation and functioning of the Coordination Council. Defence / Security Prime Minister’s Order No. 018/03 of Effective from its publication The Order: 26/08/2021 governing the National in the Official Gazette of the • repeals all prior provisions contrary to this Order; and Counter-Terrorism Committee Republic of Rwanda No. • determines the composition, organisation, functioning, Special of 26 August 2021. responsibilities and powers of the National Counter Terrorism Committee. Banking / Finance Regulations No. 001/FIC/2021 of Effective from its publication The Regulations: 26/08/2021 on targeted financial in the Official Gazette of the • repeal all prior regulatory provisions contrary to these Regulations; sanctions related to terrorism, terrorist Republic of Rwanda No. and financing, and proliferation of weapons of Special of 26 August 2021. • determine modalities for the implementation of Resolution 1267 mass destruction and its financing (1999) and its successors and Resolution 1373 (2001) of the Security Council with regard to targeted financial sanctions related to: • terrorism and terrorism financing; and • the proliferation of weapons of mass destruction and its financing.
41 Rwanda sector legislation effective date/status key points and impact Banking / Finance Regulations No. 002/FIC/2021 of Effective from its publication The Regulations: 26/08/2021 relating to the declaration of in the Official Gazette of the • repeal all prior regulatory provisions contrary to these Regulations; cross border cash or bearer negotiable Republic of Rwanda No. and instruments Special of 26 August 2021. • determine: • modalities for declaration of cross border cash or bearer negotiable instruments; • an amount of cash or bearer negotiable instruments whose cash couriers are not permitted to cross the borders with, while leaving, entering or transiting in the territory of the Republic of Rwanda without prior declaration to a staff of the competent authority; and • administrative faults and sanctions for failure to comply with the declaration of cross border cash or bearer negotiable instruments of an amount above that of the threshold provided for in these Regulations.
42 São Tomé and Príncipe sector legislation effective date/status key points and impact Applies to Resolution No. 116/XI/2021 of 7 July 2021 Effective from 7 July 2021. The Resolution approves for ratification the Agreement on the multiple sectors Promotion and Protection of Reciprocal Investments between the Democratic Republic of São Tomé and Príncipe and the Republic of Cabo Verde, concluded in New York on 27 September 2019. Applies to Presidential Decree No. 8/2021 of 7 July Effective from 7 July 2021. The Presidential Decree provides for the ratification of the Agreement multiple sectors 2021 on the Promotion and Protection of Reciprocal Investments between the Democratic Republic of São Tomé and Príncipe and the Republic of Cabo Verde. Applies to Resolution No. 35/2021 (National Strategy Effective from 13 July 2021. The Resolution approves the National Financial Inclusion Strategy multiple sectors for Financial Inclusion) of 13 July 2021 (ENIF), with the minister of Planning, Finance and the Blue Economy, as chairman of the National Committee for Financial Inclusion.
43 Uganda sector legislation effective date/status key points and impact Pharmaceutical National Drug Policy and Authority Published in the Statutory The Order amends the National Drug Policy and Authority (Amendment (Amendment of Schedule) (Amendment) Instruments Supplement to of Schedules) Order, 2019, Statutory Instrument No. 76 of 2019 by: Order, 2021, Statutory Instrument No. 10 the Uganda Gazette No. 14, • substituting the beginning of the First Schedule with new provisions of 2021 Volume CXIV dated 8 on restrictions relating to Class A drugs or Narcotics; February 2021. • substituting the beginning of the Second Schedule with new provisions on restrictions relating to Class B drugs or controlled drugs; and • providing that regulation 4 shall commence on 1 April 2021. Energy Electricity Act (Commencement of Part Published in the Statutory The Instrument provides that Part XIII and section 130 of the Electricity XIII and section 130) Instrument, 2021, Instruments Supplement to Act, 1999, Cap. 145, shall be deemed to have come into force on 1 July Statutory Instrument No. 24 of 2021 the Uganda Gazette No. 33, 2003. Volume CXIV dated 16 April 2021. Health Mental Health Act (Commencement) Published in the Statutory The Instrument provides that the Mental Health Act shall be deemed to Instrument, 2021, Statutory Instrument Instruments Supplement to have come into force on 18 February 2021. No. 25 of 2021 the Uganda Gazette No. 36, Volume CXIV dated 23 April 2021. Health Allied Health Professionals (Amendment) Published in the Statutory The Regulations amend the Allied Health Professionals Regulations, Regulations, 2021, Statutory Instrument Instruments Supplement to 2017 by, among others: No. 26 of 2021 the Uganda Gazette No. 38, • inserting a new regulation that sets out the requirements for Volume CXIV dated 30 April registration of private allied health units; 2021. • inserting a new application form for registration of a private allied health unit; and • substituting Schedule 2 with a new Schedule 2 on applicable fees and charges.
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