Africa regulatory ENSight - ENSafrica

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Africa regulatory ENSight - ENSafrica
Africa regulatory ENSight
2021 | 08
Africa regulatory ENSight - ENSafrica
*Coronavirus   (COVID-19) regulatory measures
Africa regulatory ENSight - ENSafrica
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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