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Presidential Decree No. 74/15 Approving the Regulation of Non Governmental Organizations

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Monday, March 23, 2015 Series I – N ° 39

DIÁRIO DA REPÚBLICA

OFFICIAL GAZETTE OF THE REPUBLIC OF ANGOLA

Price of this number – Kz : 250.00

SUMMARY

The President of the Republic

…….

Presidential Decree No. 74 /15 :

Approves t he Regulation of Non Govern mental Organizations – repeals
all Iegisla tion contrary to the provisions in this D ecree , namely Decree No. 84/02 of
31 December.

REGULATION OF NON -GOVERNMENTAL ORGANIZATIONS

CHAPTER I
General P rovisions

ARTICLE 1
(Sub ject)

This Decree establishes the legal regime of the activit y of exercise and functioning
of non -governmental organizations operating in Angola, hereinafter referred to as
“NGO”, as long as enrolled in the Institute for Community Aid Promotion and
Coord ination .

ARTICLE 2.
(Scope)

This Decree applies to all NGOs operating in the country.

ARTICLE 3.
(Legal nature )

For the purposes of this D ecree , NGOs are legal collective entities consisting of two
or more individual or legal persons and not aim ing at achiev ing economic profit for its
associates.

ARTICLE 4.

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(Legal r egime)

NGOs are governed by Law no. 6/12, of 18 January, by this Regulation and other
applicable legislation.

ARTICLE 5.
(Classification)

Under this Regulation, NGOs are classified as national and international, being :

a) N ational NGOs, those constituted in Angola, regardless of operating also in other
countries;

b) International NGOs, those legally constituted in a foreign country and reg istered in
Angola.

CHAPTER Il
Constitution , En rolment and Registration of NGOs

SECTION I
National NGO s

ARTICLE 6
(Constitution)

National NGO are constitute d and acquire legal personality under the law.

ARTICLE 7
(En rolment )

1. National NGOs must enrol with the Institute for the Community Aid Promotion and
Coordination, by submitting the following documents:

a) Letter to the relevant Organ from which it requests registration for the exercise of
its activities;

b) Clearance certificate for the NGO association to be issued by the Minist ry of
Justice and Human Rights;

c) Certified copy of the Official Gazette that publishes the Statute of the NGO
association;

d) Program and areas of intervention.

2. Subject to observance of the requireme nts of the preceding paragraph and after
analysis of t he documentation submitted, one of the following orders is issued within
15 days, as appropriate:

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a) En rolment when the validity of the documentation submitted by the NGO has been
checked and assessed ;

b) I mprovement, in case of lack or invalidity of any submitted document;

3. I n case of improvement, when the submi tted documentation fails to meet the legal
requirements within 10 days, the request is implicitly rejected.

SECTION II
International NGO s

ARTICLE 8.
(Registration)

1. The NGO legally constituted in a foreig n country wishing to engage in activities on
the national territory must register with the Minist ry of Justice and Human Rights.

2. For registration, the inter national NGO must submit the following documents:

a) Letter to the Ministry of Justice and Human Rights, request ing registration in
Angola;

b) Copy of the statute and the constitution act translated into Portuguese language
and authenticated by the diplomatic representation of t he Republic of Angola in the
country of origin;

c) Letter of intent a nd programs / projects that the NGO intends to implement in
Angola, including their detailed budgets and origin of financial and patrimonial
resources ;

d) Declaration of suitability iss ued by the competent organ in the country of origin
and authenticated by the diplomatic or consular representation of the Republic of
Angola;

e) Curriculum vitae of the representative in Angola;

f) Criminal record of the representative in Angola;

g) Power of Attorney issued by the responsible for its representative in Angola, for
which s(he) confers powers to make commitme nts and arrangements necessary for
the reg ular and proper exercise of activities;

h) A copy of the agreement between the Angola n State and the State of the country
of origin of the NGO, whe n the source of funding comes from this agreement.

3. Subject to the requirements described in the preceding paragraph and analyzed
the presented documentation , one of the following orders is issued within 15 days,
as appropriate :

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a) Registration, when the suitability of the submitted documentation is assessed ;

b) Improvement , in case of lack or invalidity of any submitted document.

4. I n the case of improvement , when the submitted documenta tion does not meet the
requirements within 10 days, the request is implicitly rejected.

5. The registration shall be published in the Official Gazette.

ARTICLE 9.
(Description)

International NGOs should, after registration, proceed to their enrolment with the
Ministry of External R elations and Institute for Community Aid Promotion and
Coordination .

ARTICLE 10.
(Enrol ment in the Ministry of External Relations )

1. The enrolment of NGOs in the Minister ial Department responsible for External
Relations is examined upon presentation of the following documents:

a) Letter to the Organ to which the enrolment is being request ed ;

b) Certified copy of registration certificate issued by the Ministry of Justice and
Human Rights;

c) A copy of the documents mentioned in b), c), d). e), f), g) and h) of no. 2 of Article
8.

2. Subject to the requirements described in the preceding paragraph and analyzed
the documentation submitted , is issued within 15 days, as appropriate, one of the
following orders:

a) enro lment , when the suitability of the submitted documentation is assessed ;

b) Improvement , in cases of lack or invalidity of any submitted document.

3. In the case of improvement , when the submitted documentation does not meet the
requirements within 10 days, the request is implicitly rejected.

ARTICLE 11.
(Enrolment in the Institute for the Community Aid Promotion and Coordination )

1. The registration of international NGOs at the Institute for the Community Aid
Prom otion and Coordination, hereinafter referred to as’ IPROCAC “is made through
submission of the following documents:

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a) Letter to the Organ to which the enrolment is being request ed with indicat ion of
the activity to be undertaken;

b) a certified copy of the certificate of registr ation issued by the Ministry of Justice
and Human Rights and of the documents mentioned in b), c), d), e), f), g) and h) of n.
° 2 of Article 8.

2. Subject to the requirements described in the precedi ng paragraph and analyzed
doc um enta tion submitted, one of the following orders is issued within 15 days, as
appropriate:

a) Enrolment when the suitability of the submitted documentation has been
assessed ;

b) Improvement , in cases of lack or invalidity of any submitted document.

3. In the case of improvement , when the submitted documentation does not meet the
requirements within 10 days, the request is implicitly rejected.

CHAPTER III
Functioning of NGOs

ARTICLE 12.
(Field of activity )

NGOs exercise the activities for which they were established, taking into account
local initiatives of receiving communities and the social and economic polic ies
defined by the Executive in the following areas:

u) Humanitarian and social assistance , health, nutrition, food safety and
environment;

h) Protection and promotion of human rights;

e) Training , education, culture, recreation, science and technology;

d) Environmental assistance and protection;

e) Social and international solidarity;

f) Demining;

g) Community promotion and de velopment;

h) Recovery and preservation of historical and cultural heritage;

j) Dissemination of information and public awareness, with a view to promoting
peace and social well -being

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j) Emergency assistance provision, update a nd dissemination of the implementation
of programs;

. k) Psychological assistance, socio -therapeutic and social reintegration of vulnerable
groups;

I) Training and socio -professional integration;

m ) Other activities permitted by law.

ARTICLE I3 °.
(Partnership and cooperation)

1. NGOs should promote cooperation with the Executive and other institutio ns in the
pursuit of their goals , without prejudice to the partnership between them.

2. The partnership between national and international NGOs should take the
sustainability of the former into consideration .

3. Cooperation between two NGOs must respect the identity of each one and does
not invalidate the simultaneous establishment of partnerships with communities,
institutions and the Executive agencies/State bodies , unless previously agreed and
expressed in appropriate instrument.

ARTICLE 14
(Collaboration)

1. NGOs can establish forms of collaboration with other associations aim ing at
common use of services or e quipment, development programs, projects and actions
in complementarity regime and mode .

2. NGOs can also establish forms of cooperation with a view to:

a) O rganize services of joint interest and action in order to rationalize the means;

b) Develop actions with public and private entities, not prohibited under this law.

ARTICLE 15.
(Sources of funding)

1. At the beginning of their activities, NGOs must communicate to IPROCAC the
source or sources of f unding and available amounts.

2. NGOs are free to acquire any kind of funding for the implementation of their
programs, pr ovided that the source is not an individual or body corporate being
investigated in Angola or outside the country for crimes or underlying actions in
particular:

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a) Money laundering;

b) Financing of terrorism;

c) Tax e vasion;

d) Terrorism;

e) Mercenary endeavours and activities ;

J) Drug trafficking;

g) Racism;

h) Xenophobia;

j) T rafficking of human organs or in human beings;

j) Incitement to violence or use of force for removal of democratically instituted
powers;

k) Bribery and corruption;

I) Other activities contrary to the principles defended by the Angolan people or
national sovereign bodies.

3. Without prejudice to provis ions as in n. ° 2, the financ ing by any government entity
of another country to national and international NGOs operating in Angola should
occur, necessarily, based on a signed agreement between the respective States.

4. The financing by other non -governmental foreign bodies, to nati onal or
international NGOs operating in Angola, should take place, necessarily, on the basis
of an agreement in writing, subject to approval by IPROCAC.

5. Failure to comply with the provisions of the preceding paragraphs shall be
grounds for suspension and termination of NGOs, regardless of civil or criminal
liability under the law.

6. The Executive may pass and enact specific legislation or an NGO fundi ng scheme
using the State General B udget.

ARTICLE 16.
(Public interest )

The legally constituted NGO s acquire the status of public utility associations, in
accordance with applicable legislation to the matter.

ARTICLE 17
(State support)

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1. The State accepts, supports and values the contribution of NGOs in furtherance of
the social and economic rights, and development aid.

2. The S tate support is realized through technical or financial assistance, to be
establish ed by agreement or contra ct program without limit ation to the right to free
association.

3. I rregu larities in the implementation of the financial support by t he NGO involve:

a) The suspension of it and the return of the amounts received;

b) T he prohibition to compete for support for a period of five years;

c) C ivil and criminal liability under the law.

CHAPTER IV
Supervision and Coordination

Article 18
(Supervision )

1. In carrying out their activities , NGOs are subject to supervision by the Ministerial
Department responsible for Social W elfare and Re -insertion , in collaboration with
other s corresponding to their activity and the Provincial Government of the area of
operation, subject to the control of legality by the State prosecutors.

2. The Ministerial D epartment in charge of Social W elfare and Re -insertion
supervises the activities of NGOs through the IPROCAC, w hose duties are defined
in its Organic S tatute.

ARTICLE 19
(Coordination)

1. IPROCAC is the Executive body mandated to coordinate and monitor the activities
of NGOs, as well as set or guide the site of execution of the ir programs, in
consultation with the relevant Ministerial Department for their activities and the
Provincial Government of the area of operation.

2. In the e xercise of coordination , the State organ or agency responsible for it shall
be assisted by a Technical Board , whose competence and functioning is defined in
its Organic S tatute.

ART ICLE 2O.
(Powers)

Without prejudice to the provisions of its Organic Statute, the IPROCAC has the
following compete ncies :

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a) coordinate s, monitor s, control s and supervise s the activities of NGOs;

b) Set s the complementary programs and projects to the actions of the Executive to
be developed by NGOs;

c) D ecides , in consultation with the relevant Ministerial Departments and local
authorities, provinces or regions of the country where the projects are to be
executed;

d) Support s NGOs on issues of an administrative nature under this D ecree ;

e) Audit s the accounts of NGOs;

f) M onitor s and control s all funding granted to the Republic of Angola through NGOs;

g) E xercise s any other powers established by law or superiorly determined.

CHAPTER V
Rights and D uties

Article 21
(Rights of the beneficiaries)

1. The rights and interests of beneficiaries from the activities of NGOs have
precedence over those of the institutions, associates or founders.

2. The dignity and privacy of the benefici aries ’ life must be respected and can not
suffer discrimination based on ideological, political, religious or rac ial criteria .

3. Restrictions to the scope of action covering specific needs of groups
or people with certain conditions are not consider ed as discrimination that violate s
the provisions of the preceding paragraph .

Article 22 of
(Rights of NGO s)

Without prejudice to the enjoyment of other p rerogatives as specifically provided in
other legislation, NGOs have the following rights:

a) To exercise their a ctivit ies , subject to authorization;

b) Not be terminated except in accordance with law;

c) To r eceive public funding when developing programs under the conditions set by
the Executive;

d) Get specific answers on the queries and petitions submitted to Public
Administration g overning Bodies .

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Article 23
(Duties of NGOs)

1. Without prejudice to other duties provided for in specific laws, NGOs are required
to:

a) Respect the Constitution of the Republic of Angola and other legisla tion in force;

b) Refrain from the practice of political party actions of or a subversive nature;

c) Refrain from involvement in or practice directly or indirectly related activities of
money laundering , bribery and financing of terrorism , as well as obtaining
advantages of illicit origin;

d) P articipate in the implementation of socio -economic programs approved by the
Executive;

e) Implement the projects approved in the country or county as determined by
IPROCAC;

f) I mplement the projects under the coordination and supervision of the Provincial
Government, in the framework of the plan ned needs and priorities for the area of
intervention,

g) P rovide IPROCAC with information in the form of interim, monthly, quarterly, semi –
annual and annual reports , du ring and at the end of projects ;

h) O pen a bank account in the country where the funds for projects should be
deposited ;

i) Procure and acquire the material and equipment needed for projects in the
domestic market, using only and exclusively imports when proven non -existence of
the needed goods and equipment in the country;

j) Account in the budget of all projects indirect donations made by the Angolan State,
in particular with tax and fees exemptions , tax benefits and all the benefits that are
subject to the execution of projects;

k) Submit to IPROCAC, until the month of March, the annual report and past year’s
exercise of accounts as well as forecasts of internal and external grants receivable in
the current year;

l) Establish partnerships; enter into contracts for the acquisition o f goods and
services to the individual or body corporate , by open public tender procedure
where ver required by law or under special regime;

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m) Promote, preserve and respect the traditional customs and habits of the context
in which they operate;

n) Promote education, civic and technical professional training of its members,
workers, employees and beneficiaries of their actions;

o) I nform the IPROCAC on the movement of expatriate staff, with regard to hiring,
transfer and dismissal;

p) Provide official entities and bodies in charge of matters related to NGO s with
information on the terms and accor ding to deadlines as defined in this Regulation;

q) Promptly comply with tax obligations, requirements of social security, tax on
labo ur income, liability and work injury insurance as well as those of house rent
contract payment s, equipment rental , livestock consumer goods and public services ;

r) Submit to IPROCAC until October 31 of each year, all projects to be implemented
the following year, including their detailed budgets for planning purposes.

2. The report referred to in paragraph g) above must contain, among other
information, a table showing the source of funds or financial resources, relation of
imported goods and those purchased internally , action plan fo r the coming year and
evaluation of established partnerships.

3. Failure to compl y with the provisions of this article shall be ground for suspension
or termination of activities of NGOs involved in the case , for the case of national
NGOs or ban from acting in the national space, in the case of international NGOs .

CHAPTER VI
Regime of Staff

ARTICLE 24
(National w orkers)

1. Recruitment and hiring of workers in NGOs is governed by the General Labour
Law and other relevant legislation in force in Angola.

2. Unless otherwise agreed between the parties, the duration of the employment
contract must coincide with the time allotted for the implementation of the project to
develop.

3. The employment contract between domestic workers and NGOs may be renewed
for periods of time defined in accordance with current legislation.

4. The basic pay and other supplements to be allocated to domestic wor kers should
not be less than those assigned for foreign workers with the same function and
qualification, except for supplements and subsidies legally assigned for foreign
workers only .

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Article 25 o f
(Foreign workers)

1. NGOs can resort to hiring qualified foreign labo ur force, resident or not, provided it
is not possible t o recruit national labour force, in accordance with applicable
legislation to this matter.

2. The regime stipulated in n. ° 2 and 3 of the previous article shall extend to foreign
workers.

3. Foreign workers who serve in NGOs are exempted from obligation to deposit 5%
of basic pay as expressed in the contract, in accordance with the provis ions of a rticle
6 of Decree n. ° 5/95 of 7 April.

4. NGO s must provide copies of foreign workers ’ contract to the Ministerial
Department responsible for Public Administration, Employment and Social Security,
and to the Migration and Foreigners Service and the IPROCAC.

Article 26
(Entry and stay of foreigners)

1. Workers of NGOs moving into the territory of the Republic of Angola on a mission
of rescue, emerge ncy or humanitarian aid, are granted a visa i n accordance with the
Iegislation into force.

2. It may be issued visas with duration eq ual to the project, with multiple entries and
exits for expatriate staff, consultants and NGO experts in accordance with the
legislation in force.

Article 27 of
(Extension of visas)

1. International NGOs that are in Angola and need issuance or extension of visas in
favo ur of expatriate staff under their dependence should initiate a process with the
documentation required under the legislation in force and submit it to IPROCAC for
proper treatment.

2. IPROCAC after verifying the confo rmity of received documentation sh all forward
the case to the service responsible for Migration and Foreigners.

3. A visa issued to foreign citizens only gives the holder the right to engage in the
activity for which it was issued.

4. A permanent or temporary transfer of foreign workers between NGOs should be
preceded by an opinion from IPR OCAC, requesting approval by the Service for
Migration and Foreigners and the Ministerial Department responsible for Public
Administration, Employ ment and Social Security.

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5. The Service for Migration and Foreigners may issue a new visa in favo ur of the
transferee or endorse the amendment in accordance with the legislation in force .

CHAPTER VII
Customs and Fiscal Regime

Article 28
(Import and e xport)

I. Without prejudice to the provisions of paragraph j) n. ° 1 of Article 23 of this
Regulation, the import of goods by NGOs must obey provisions of the legislation.

2. The export of goods and equipment made by NGOs follows the regime
established i n the Customs Tariff and other legislation applicable to the matter.

Article 29
(Baggage)

1. Baggage and personal effects of foreign technicians with temporary residence i n
the country a s well as the family members who accompany them and live with them
are subject to customs concept of luggage according to customs law and other
legislation applicable to the matter.

2. Of the goods referred to above, a detailed relation shall be drawn up in triplicate,
with one copy returned to the person concerned upon entry.

3. Same procedure as referred to above must be observed with regard to re –
export able property, equipment and materials, purchased with capital of NGOs, and
for which taxes due should be paid in case of sale .

Article 30 of
(Fiscal regime )

1. NGOs must make entry /enrol in the Ministerial Department responsible for Public
Finances, for tax registration.

2. NGOs may be eligible for reduction on taxes and fees due, grace periods or split
payments on acquisition of real estate for implementatio n of their projects, according
to the legislation in force .

3. The amount of the exemption is computed as a contribution to the project.

4. The exemptions provided for in the preceding paragraph does not include fines or
costs of proceedings for offenses, misdemeano urs or similar matters in particular
customs and tax matters .

CHAPTER VIII
Accountability, Services and Benefits

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Article 31
(Accounting )

In the processing of accounting and financial information and data, NGOs must
comply with procedures as defined under the laws in force on the matter.

ARTICLE 32
(Supervision)

1. Competent bodies on NGO’s area s of activity may order inquiries, investigations
and inspections to NGOs.

2. The Executive may, whenever dee med necessary, order to conduct independent
audits to NGOs, through public or private bodies authorized for that purpose.

Article 33 of
(Patrimony )

1. The following form part of an NGO ’s patrimony: values and rights that it hold s,
property and equipment acquired with own funds and th ose resuIting from the sale of
donated goods, but with the written consent of the donor.

2. For the purposes of the preceding paragraph, the following is considered as part
of an NGO’s own patrimony: own material and equipment acquired without the use
of gift or for exclusive use of the organization.

ARTICLE 34
(Disposing of goods)

1. Where NGOs have public projects running or completed they may sell or donate
to public entities or other NGOs , material goods or e quipment purchased with own
funds, in connection with such projects.

2. The sale (alienation) of goods from foreign donations is subject to prior
authorization from the Minister ial Department responsible for Public F inances, on the
advice of IPROCAC.

3. Goods and equipment purchased or imported using the funds donated to the
Angolan people are not likely subject to re -export or sale, but shall be delivered to
the community, the Ministerial Department or Provincial G overnment corresponding
to the NGO’s activity and area of operation, respectively, at the closing ceremony of
the NGO ’s activities .

ARTICLE 35
(Tax r elief)

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1. The transfer free of charge of goods and equipment, mentioned in the previous
article shall not affect the tax benefits obtained, nor imposes the obligation to pay
new taxes or fees.

2. In the case of a cost ly transfer the benefits are subject to payment of taxes due.

ARTICLE 36
(Collection of service fee s)

IPROCAC is allowed to charge service fee s on the application for issuance of entry
and exit visas, and employment visas for expatriate staff as well as other services in
accordance with law in force .

CHAPTER IX
Suspension

ARTICLE 37
(NGO activity s uspension)

1. The NGO activity can be suspended by the Public P rosecution Authority where it
has strong evidence of the practice of illegal or harmful acts to the sovereignty and
integrity of the Republic of Angola.

2. For the purposes of the preceding paragraph, any interested par ty may make a
denunciation to the P rosecutor.

3. Where the Public Prosecutor suspend s the activities of an NGO, the decision
should be notif ied to the Ministerial Department corresponding to the activity to which
the NGO is dedicated and IPROCAC , for proper monitoring and control.

4. The entities referred to in the preceding paragraph and all stakeholders should, on
their own initiative, inform the National Bank of Angola and the Public Prosecutor
whenever they suspect or have reasonable grounds to suspect that an oper ation
likely to set the practice of crimes of money laundering or financing terrorism took
place, is in progress or was attempted , being assured about non -disclosure of the
identity or source of information.

Article 38
(Other causes for suspension )

1. NGOs can be suspended if they do not perform for a period of two years, activities
beneficial to the community, or for the social purpose for which they were
established.

2. Without prejudice to the provisions of paragraph 4 of Article 48 of the Constitution
of the Republic of Angola, NGOs can also be suspended for the verification of the
following:

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a) When its purpose or mission has exhausted or has become impossible , or is
pursue d through illegal or immoral means.

b) For insolvency ;

c) Pursu e activities not in accordance with the statutory objectives;

d) P ractice or influence of prohibited and punishable activities under the rules
governing the fight against money laundering and financing terrorism .

CHAPTER X
Final and Transitional Provisions

ARTICLE 39
(Extinction of NGO s)

1. National NGOs get extinguished with extinguishing st atement of the association,
that gave it birth in accordance with the provisions of Article 183 of the Civil Code,
with the changes made by Law n. ° 6/12 of 18 January.

2. The international NGOs get extinguished when equal measure is decided in their
country of origin or the verification refe rred to in paragraph 4 of Article 48 of the
Constitution of the Republic of Angola.

3. For the purposes of paragraphs 1 and 2, the P rosecutor or any interested party
may institute judicial action.

Article 40
(Existing NGOs)

NGOs existing at the dat e of publication of this Decree must comply with its
provisions within 180 days from the date of publication, under sanction of suspension
or termination.

The President of the Republic – JOSÉ EDUARDO DOS SANTOS.

_______________________________

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