Angola

Angola is a multi-party democracy with a Presidential regime and in which the Constitution is at the top of the hierarchy of Laws.

The country follows a civil law system, where the primary source of law is the statute. There is thus no system of precedent and case law, which are viewed as secondary sources of law.

Nevertheless, traditional customary law still plays a role, and the Constitution acknowledges the status, role and powers of the traditional authorities created in accordance with the customary law.

The Constitution also recognises the right to a clean and healthy environment, while instructing the State to take the necessary measures toward the protection of the environment, with a sustainable development perspective. The basic concepts and principles for the protection, preservation and conservation of the environment, the promotion of quality of life and the rational use of natural resources are then defined in the Environmental Framework Law.

This regime also establishes mandatory environmental impact assessments for the development of all infrastructure and undertakings which have an impact on the balance and well-being of the environment and society, and the need to obtain environmental licensing for those activities which may have a significant environmental or social impact.

The commitment to the Paris Agreement obligations is visible in the political agenda with the consideration of climate and nature as topics to be addressed, harnessing the country's potential in areas such as the carbon market through greenhouse gas reduction, in particular by reducing flaring from oil and gas production, and carbon removal efforts – primarily thanks to its vast natural resources, including forests.

In this sense, it is expected that new legislation may arise concerning, for instance, decarbonization or the increase of nature and biodiversity protection.

Regarding the conservation and protection of nature and biodiversity there are already several instruments applicable in Angola: the Framework Law on Forests and Wild Fauna, laying down the rules aimed at guaranteeing the conservation and rational and sustainable use of forests and wild fauna; the National Policy on Forests, Wild Fauna and Conservation, with a long-term perspective; and the National System of Environmental Conservation Areas, which constitute national heritage and whose protection and preservation constitute obligations of the State.

Angola’s growing renewable energy sector can have a significant role in reducing carbon emissions. The increase of hydro, solar and wind energy could contribute to the generation of significant amounts of clean electricity and may have the potential for exporting any excess generation to other countries.

Lastly, the National Climate Policy Monitoring, Reporting, and Verification System provides for a subsystem concerning adaptation measures, which might considerer the conservation and protection of nature and biodiversity.

With respect to examples of successful mitigation and adaptation projects in Angola, the projects for the promotion of climate resilient development and enhanced adaptive capacity to withstand disaster risks in Angola’s Cuvelai River Basin (with the implementation of an early warning system for flooding and storms) and the Angola Solar Project which is responsible to create 370 MWs of renewable energy and preventing the emission of 935.953 tons of carbon per year are noteworthy.

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a) GDP and capital wealth

Angola’s GDP, according to the latest World Bank records, dated from 2022, amounted to 106.7 billion USD.¹

b) Level of unemployment

As regards unemployment rates, the general unemployment rate in Angola decreased from 30% in the third quarter of 2022 to 29.6% in the fourth quarter of 2022. In this latter period, records stated that 52.9% of young Angolans (between 15 and 24 years old) were unemployed.²

c) Human wealth, population and education

According to 2022 World Bank data,³ the population of Angola is made up of 35.5 million people. Due to the high rates of unemployment and limited economic development, extreme poverty is prevalent across the country, with approximately 41% of Angolans living below the poverty line between 2018-2019. Therefore, improving the quality of the education system, from primary to tertiary levels, and ensuring its adequacy with the economy’s needs is at the core of the country’s social policies. Today, net enrolment in the primary education level corresponds to around 76%, yet it sharply drops to 45% with respect to secondary education.⁴

d) Natural wealth

Angola is rich in natural resources, especially minerals and oil. Some of the major natural resources in Angola include (i) oil and gas (with oil accounting for a significant portion of the country’s GDP), (ii) diamonds, (iii) iron ore and (iv) renewable natural resources (particularly fisheries, forests, and wildlife).

e) Renewable/green energy wealth

Renewable energy, namely hydro, solar, and wind, can be beneficial for Angola – hydro being the primary source of power generation, quadrupling its capacity in a decade. In 2020, Angola generated 13,991 GWh of electricity, 88.5% of which came from hydropower. The potential of Angola's solar and wind resources is also high, with the development of seven solar PV power plants capable of adding 370 MW of capacity through partnerships with international companies. Thus, Angola has the potential to generate significant amounts of clean electricity, produce hydrogen fuel from renewables, and may have the potential for exporting any excess generation to other countries. Most of the population, however, has limited access to the grid, and Angola's dependence on hydropower makes it vulnerable to climate change and variability. Building resilience and increasing electrification are essential components of Angola's development vision.⁵

f) Carbon removal or reduction wealth

Angola has the potential to generate wealth-seizing opportunities for low-carbon growth, through greenhouse gas (“GHG”) reduction, in particular by reducing flaring from oil and gas production, and carbon removal efforts – primarily thanks to its vast natural resources, including forests and fisheries. These environmental assets provide ecosystem services of importance to the global community, such as habitats for biodiversity protection, carbon storage in forests to mitigate climate change, and grounds for international fisheries spawning. All these can benefit from measures to reduce emissions from agriculture, reversing land degradation and deforestation and sequestering carbon dioxide from the atmosphere. Additionally, Angola’s growing renewable energy sector, as developed above, can also play a significant role in reducing carbon emissions.

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_{1. Available at World Development Indicators | DataBank (worldbank.org) (last access on 02/02/2024).}

_{2. According to data from the Angola Unemployment Rate (tradingeconomics.com) (last access on 02/02/2024).}

_{3. Available at World Development Indicators | DataBank (worldbank.org) (last access on 02/02/2024).}

_{4. According to data from the Operational Sustainable Finance Framework / Word Template (gov.ao) (last access on 02/02/2024).}

_{5. Information sourced from the World Bank (last access on 02/02/2024).}

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The Nationally Determined Contributions (“NDCs”) report submitted by Angola, dated 2021,⁶ previews a set of measures to achieve a relevant improvement considering the business-as-usual emissions baseline (2015). Angola has not submitted a separate National Adaptation Plan, but adaptation is included in the NDC Report.

a) Undertaking, including key dates and caveats

Angola’s NDCs establish the following targets:

• 15% reduction by 2025, unconditionally (domestically supported) plus an additional 10%, conditional on international support and funding;

• 21% reduction by 2030, unconditionally, plus an additional 15% conditionally.

Unconditional contributions come mainly from reducing fugitive emissions by reducing flaring (almost half), installation of renewable energy projects, composting of municipal solid waste and reforestation.

Conditional contributions represent more or less the same sectors, although their weight is different, with the renewable energy area more relevant than fugitive emissions.

b) Use of net zero wealth for own target

There is no information relating the topic.

c) Existing collaboration among countries and opportunities for future collaboration

The NDC underlines that a successful implementation requires a close coordination and collaboration between government institutions at central and provincial levels, and all potential stakeholders, including the private sector and civil society.

It comes from the division between “unconditional” and “conditional” contributions that the latter depend on the existence

of international (i.e. multilateral and bilateral) collaboration and support.

In addition, the Paris Agreement Article 6 mechanism for Internationally Transferred Mitigation Outcomes is noted as a relevant tool to meet the mitigation objectives stated in the NDCs.

d) Residual for the rest of the world

National GHG emissions in 2015 (the baseline scenario) represented 0.10% of global emissions.

_{6. Available at NDC Angola.pdf (unfccc.int) (last access on 02/02/2024).}

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With respect to examples of successful mitigation and adaptation projects in Angola, we would like to highlight the following projects:

• Promoting Climate-resilient Development and Enhanced Adaptive Capacity to Withstand Disaster Risks in Angola’s Cuvelai River Basin (started from 2014 – closed in 2023) – this project was focused on supporting two priorities: 1) developing an early warning system for flooding and storms, and 2) developing a climate monitoring and data management system in Angola’s Cuvelai River Basin;

• Biodiversity National Project (started in 2012 – closed 2019) – this project aimed to catalyse an improvement in the overall management of the Protected Areas Network, through the rehabilitation of the Iona National Park;

• The Angola Solar Project (completed) – the largest renewable energy project in Sub-Saharan Africa, creating 370 MWs of renewable energy and preventing the emission of 935.953 tons of carbon (“CO”) per year;

• Caraculo photovoltaic solar power plant (first phase started in 2023 – ongoing): this project is located in the Namibe province and constitutes a public-private partnership between ENI and Sonangol, E.P., an Angolan statal oil company.

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a)  Legal framework

Angola has a civil law legal system, with the primary source of law being statute. Consequently, there is no system of precedent and case law, which, as much as legal writing, are viewed as secondary sources of law. In addition, in certain areas of law, traditional customary law still plays a role.

b) Structure of the judiciary

The Angolan court system is governed by the Constitution of the Republic of Angola and the Law on Judiciary Organization – Law no. 29/2022, of 29 August 2022.

The Angolan Judicial Power comprises the Constitutional Court, the Judicial High Council, the Audit Court, the Military Court and the Ordinary Courts, the latter of which are organized by case matter, value, rank, and territory. The Common Courts consist of the Supreme Court, the Appeal Court, and the Provincial Courts.

c) Jurisdiction of national courts and tribunals to hear and determine judicial review applications regarding Environmental Protection

In theory, there will be one Provincial Court per province to hear and decide legal cases in Angola, although more may be created if found justifiable, or a given Provincial Court may exercise jurisdiction over more than one province, when necessary. Depending on each province’s actual and specific needs, such courts are sub-divided into specialised chambers (such as civil, administrative, family, labour, maritime and/or criminal chambers).

The Angolan legislation establishes a structure of the judicial system which is organised into common and specialised courts. Regarding environmental protection, the national courts with jurisdiction can vary depending on the nature of the issue. Typically, civil & administrative courts are applicable for issues related to administrative dispute such as an administrative infraction, missing licensing whereas criminal courts may be involved in environmental criminal for issues related to environmental protection such as a danger of extinction of species of fauna or flora or water, soil and air pollution the interested party may initiate criminal proceedings.

To sum up, depending on whether the environmental issue is an administrative or criminal offense, the fora applicable will be criminal or administrative and civil courts.

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Article 39 of the Constitution of the Republic of Angola recognises the right to a clean and healthy environment, while instructing the State to take the necessary measures toward the protection of the environment, with a sustainable development perspective.

The Environmental Framework Law, approved by Law no. 5/98, of 19 June 1998, defines the basic concepts and principles for the protection, preservation and conservation of the environment, the promotion of quality of life and the rational use of natural resources. Among these principles, it is worth highlighting the principles of public participation, of prevention and of liability for damages to the environment, as well as the principle of balance, which requires that economic and social development policies shall be tied to the principles of environmental conservation and protection and the rational use of natural resources, so that the objectives of sustainable development may be achieved.

The Environmental Framework Law also establishes that environmental impact assessments, based on environmental impact studies, shall be mandatory for all infrastructures and/or undertakings which have an impact on the balance and well - being of the environment and society, and that activities which, because of their nature, location or scale may have a significant environmental or social impact, are to be subject to environmental licensing. Moreover, it establishes that all those who, regardless of fault, cause damage to the environment, shall be required to repair the damage and/or indemnify the State, while providing for the publishing of legislation to regulate criminal offences and misdemeanours relating to the environment.

The current Angolan climate law framework for developing net zero wealth may be divided into the following sectors:

a) Environmental laws

Law no. 8/20, of 16 April 2020, as amended, establishes the National System of Environmental Conservation Areas, which constitute national heritage and whose protection and preservation constitute obligations of the State. Within these Areas (which are subdivided into different categories) certain activities, as defined in the said Law, are forbidden. The regulation of this law was recently approved by the Presidential Decree no. 50/24, of 2 February 2024, setting the rules for the creation, classification, organization, management, sustainable use, and surveillance of the Environmental Conservation Areas.

Presidential Decree no. 51/24, of 6 February 2024, establishes environmental standards and the rules of procedure for exploitation activities involving mineral resources, oil, and natural gas in Conservation Areas.⁷

Presidential Decree no. 99/20, of 13 April 2020, approved the National Programme for Environmental Normalisation, which establishes a set of Technical Environmental Norms, that is, directions, procedures, and mechanisms, aimed at ensuring both previous environmental control and ongoing inspection, under harmonized criteria, of potentially polluting activities. The Programme is subsequently divided into thirteen Subprograms, corresponding to

the following economic sectors: Energy, Water, Petroleum, Industry, Geology and Mines, Urbanism, Construction, Agriculture, Forests, Fishing and Ocean, Transportation, Trade and Waste Management and Community Services.

In turn, Presidential Decree no. 138/20, of 19 May 2020, approved the National Programme for Environmental Quality, whose goal is to contribute to the improvement of air, water, and soil quality through concrete action. Hence, it establishes a system for the verification and monitoring of air, water and soil quality, promoting the integration of an environmental component in other governmental and non-governmental Plans and Programmes, and building capacity in matters of air, water and soil quality.

b) Air quality-focused laws

Unlike water, there is no specific legislation in respect to air quality requirements in Angola. Despite this, Presidential Decree no. 141/12, of 21 June 2012, which establishes the Regulation for the Prevention and Control of Pollution of National Waters, contains a chapter on the prevention of air pollution by ships, boats, and platforms.

c) Climate change-specific laws

Although there is no climate change-specific legislation in the Angolan legal system, Angola is part of and has ratified the Paris Agreement. Under this framework, Angola has submitted its NDC, and although it has not submitted a separate National Adaptation Plan, adaptation is included in the NDC Report.

It is worth noting, as mentioned above, that Presidential Decree no. 216/22, of 23 August, lays down the National Strategy on Climate Change for 2022-2035, aimed at promoting the transition to a low-carbon economy, which is based on the pillars of mitigation, adaptation, capacity-building, financing, and research, systematic observation, and analysis. The Strategy aims at addressing the goals set by the Paris Agreement and at giving way to a National Climate Change Adaptation Plan, as well as a National Emissions Plan.

Moreover, Presidential Decree no. 8/22, of 13 January 2022, established the National Climate Policy Monitoring, Reporting, and Verification System, to meet the measurement, reporting and verification obligations under the Paris Agreement. However, this legislation does not establish mandatory targets on emissions reductions or removals.

No further legislative action has been taken regarding emissions reductions or removals.

d) Energy laws that consider climate change issues

Energy in Angola is dominated by the oil sector, and there are no legally binding rules concerning the transition to renewable energy. Notwithstanding this, through Presidential Decree no. 249/22, an authorisation was granted to the Ministries of Energy and Water and of Natural Resources, Oil and Gas, to adopt a Memorandum of Understanding with a multinational oil company to develop studies concerning the introduction of renewable energy sources.

Presidential Decree no. 43/21, of 17 February 2021, establishes the Regulation on Independent Production of Electricity, applicable to all natural or legal persons who carry out independent electricity production activities, to satisfy individual needs, and who are authorised to inject surplus into the public grid system.

Regarding the consideration of climate change and environmental issues in the oil sector, Decree no. 39/00, of 10 October 2000, provides for the protection of the environment in the course of petroleum activities, both onshore and offshore, through obligations and requirements that must be met by companies and operators in this context.

e) Licensing, authorisations and permitting requirements

Depending on the concrete activity that might impact net-zero goals, the following permitting and/or inspection procedures may be applicable:

(i) Environmental Impact Assessment and Environmental Licensing – under the provisions of Presidential Decree no. 117/20, of 22 April 2020, public and private projects, and activities which, due to their nature, location, or dimension, are likely to result in significant environmental and social impacts, according to the criteria laid down in the same legislation, are subject to environmental impact assessments and/or environmental licensing.

(ii) Environmental Audits – under Decree no. 1/10, of 13 January 2010, public or private activities likely to cause significant damage to the environment, and which have been subject to the Environmental Impact Assessment and Environmental Licensing regime, are also to be subject to subsequent environmental auditing procedures, aimed at evaluating the mitigation of environmental risks and at enabling the permanent control of polluting activities. Within this framework, Executive Decree no. 249/17, of 25 April 2017, lays down a Regulation for Environmental Certification Audits.

(iii) Waste Management and Water and Wastewater Treatment – under the Waste Management Regulation, approved by Presidential Decree no. 190/12, of 24 August 2012, companies performing activities in the fields of waste management and wastewater treatment are subject to registry and licensing requirements, laid down in the Regulation approved by Executive Decree no. 24/15, of 29 January 2015.

(iv) Use of Water Resources – under the Water Law (Law no. 6/02, of 21 June 2002) and the General Regulation on the Use of Water Resources (Presidential Decree no. 82/14, of 21 April 2014), certain uses or activities which involve the use of water resources depend on the obtainment of a licence or concession

_{7. Note that in addition to this legal regime it always applies the Decree no. 117/20, of 22 April, which approves the general regulation on Environmental Impact Assessment and Environmental Licensing Procedure.}

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As explained above, Angola has no specific national legislation concerning mitigation and/or carbon management.

Notwithstanding this, to meet its obligations under the Paris Agreement, Angola has submitted its NDC, and established its National Strategy on Climate Change for 2022-2035, as well as a National Climate Policy Monitoring, Reporting, and Verification System.⁸

_{8. In this regard, please refer to Section 5.c) above.}

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Please refer to Section 6 above on this matter.

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There are a few relevant laws in Angola regarding the financial legal system, bearing in mind that the legal framework is very much influenced and inspired by the Portuguese regime, which regulates the most diverse issues in this area – namely, mergers, disposal finance and joint venture law.

Law no. 1/04, of 13 February 2004, (Commercial Companies Law), lays down the legal framework for company’s contracts, as well as the various types of companies to be adopted: ‘Sociedades em Nome Colectivo’, ‘Sociedades por Quotas’, ‘Sociedades Anónimas’, ‘Socieadades em Comandita Simples’ and ‘Sociedades em Comandita por Acções’.

The Securities Code, approved by Law no. 22/15, of 31 August 2015, in its current version, establishes the legal framework for the derivatives market and instruments, regulating the supervisory and regulatory framework, securities, issuers, public offerings, regulated markets and their infrastructures, prospectuses, services and investment activities in securities, as well as the respective sanctioning framework. This legislation amended the aforementioned Commercial Companies Law, as well as Presidential Legislative Decree no. 6/13, of 10 October 2013, which approved the Legal Framework for Managing Companies of Regulated Markets and Financial Services on Securities.

Lastly, it is important to highlight the General Regime for Financial Institutions, regulated by Law no. 14/21, of 19 May 2021, considering that financial institutions (public or private companies, legally authorized to carry out one or more financial activities, namely: banking, financial intermediation in financial instruments, and insurance) have a key role to play in financing the economy and promoting growth and employment, and are an essential source of funding for companies. This legal framework aims to guarantee financial stability, in particular through the regulation and supervision of the institutions involved in the Financial Sector. This is aimed at ensuring the adequate transposition into the financial legal framework of international best practices, leading to effective regulation and harmonious supervision of the Financial System, as well as introducing substantial innovations in relation to various matters in order to deepen and tighten the measures contemplated within this context.

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Contract law in Angola is fundamentally based on two legal acts: the Commercial Code, which is the general legislation regulating commercial activity⁹, and the Commercial Companies Law (referred to above).¹⁰ There are no contract law provisions specifically regulating matters related to climate or environmental protection in Angola.

_{9. In this regard, please refer to Section 15 below.}

_{10. In this regard, please refer to Sections 8 above}

_{and 15 below.}

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With regard to foreign investment, the most comprehensive legislation is the Private Investment Law (Law no. 10/18, of 26 June 2018), which establishes the general principles and bases of private investment, namely foreign private investment, in the Republic of Angola. It sets out the benefits and advantages that the Angolan State grants to private investors and the criteria for accessing them, whilst establishing the rights, duties, and guarantees of private investors. Within this framework, Presidential Decree no. 250/18, of 30 October 2018, regulates the Private Investment Law, insofar as it establishes the procedures for the legal registration of private investment project proposals, the granting of benefits and facilities, monitoring, inspection, penalties, and termination of rights granted under the Private Investment Law – where, for the purposes of statistical control and the granting of private investor status, investment projects must be registered, and their respective investors granted a Private Investment Registration Certificate.

a) Repatriation of funds

The Foreign Exchange Law (Law no. 5/97, of 27 June 1997) regulates foreign exchange and financial acts and operations with actual or potential repercussions on the country's balance of payments. This law appoints the National Bank of Angola as the foreign exchange authority of the Republic of Angola and it may delegate its powers to other entities for specific activities. Foreign exchange operations include the acquisition or disposal of foreign currency, the opening and movement of foreign currency accounts in the country by residents or non-residents and the movement of national currency in the country by non-residents.

In addition, Law no. 9/18, of 26 June 2018, which approved the Law on the Repatriation of Financial Resources, aims to establish the terms and conditions for the repatriation of financial resources domiciled outside the country, and is applicable to persons who are national residents and companies with their registered office or domicile in national territory that hold such resources. This law regulates the legal effects of voluntary repatriation in fiscal, foreign exchange or criminal terms, establishing the sanctioning regime for the coercive repatriation of illicit resources kept abroad, while also determining, regarding bank deposits, that repatriated financial resources retain the monetary unit of origin, and may be handled under the terms of the Foreign Exchange Law.

Notice no. 11/21, of 23 December 2021, lays down the rules for carrying out foreign exchange transactions related to foreign investment and defines the procedures for carrying out foreign exchange transactions by Foreign Exchange Non-Residents related to (i) foreign investment by entities without shares admitted to trading on regulated markets, (ii)

foreign investment in Securities and Derivative Instruments, (iii) any divestment of the assets referred to in i) and ii), and

(iv) income from foreign investments.

b) Access to international arbitration

The Law on Voluntary Arbitration (Law no 16/03, of 27 July 2003) establishes that all those with contractual capacity may, under the terms of this Law, have recourse to an Arbitral Tribunal to resolve disputes, by means of an Arbitration Convention, if they are not exclusively subject to a judicial court or to necessary arbitration.

Within this context, Resolution no. 38/16, of 12 August 2016, approved Angola’s accession to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, while the Letter of Accession no. 10/16, of 19 December 2016, confirms the validity of the New York Convention and guarantees its strict observation.

c) Protection against expropriation

The Constitution of the Republic of Angola in Article 37 guarantees that ‘The State shall protect the property and other real rights of persons, companies and local communities, and only temporary civil requisition and expropriation for public utility shall be permitted, subject to fair and prompt compensation, under the terms of the Constitution and the Law’.

Within this framework, the Law on Expropriation for Public Utility (Law no. 1/21, of 7 January 2021) establishes the principles and rules to be observed in expropriation for public utility by the competent bodies of the public administration.

It is also important to mention the Public Appropriation Law (Law no. 13/22, of 25 May 2022), which provides the State with effective legal instruments to manage cases of imbalance in the economic system and illegitimate transfers of resources and assets from the public legal sphere to the private legal sphere, which could jeopardize the national interest. The transfer of assets may be carried out through (i) public appropriation through nationalisation, (ii) voluntary surrender of assets or (iii) judicial declaration of transfer of assets from the private legal sphere to the legal sphere of the State.

d) Standards of treatment and protection

With regard to standards of treatment and protection, Law no. 23/11, of 20 June 2011, on Electronic Communications and Information Society Services, establishes the basis for the discipline and regulation of electronic communications and information society services. This law also establishes the legal framework for the processing of personal data and the protection of privacy in electronic communications, wherein electronic communications operators are obliged to adopt effective technical, management, and organisational measures to guarantee the integrity, confidentiality, security and availability of their traffic and network services.

Law no. 7/17, of 16 February 2017, on the Protection of Computer Networks and Systems, aims to respond effectively and efficiently to the challenges of the information society, to protect the use of Angolan cyberspace against the risks associated with it, and to promote digital inclusion.

e) Import / Export controls

The Customs Code, approved by Decree-Law no. 5/06, of 4 October 2006, regulates the customs system. The bodies that make up the customs system are responsible for, among other things (i) proposing customs tax policy measures relating to the entry and exit of goods and means of transport and the internal flow of international trade, (ii) coordinating the implementation of government decisions relating to customs matters, (iii) designating the places of entry and exit of goods that are the object of international trade, (iv) collecting duties and other customs charges levied on the flow of international trade, as well as other taxes or fees, (v) carrying out customs supervision and control of goods, means of transport, and people.

In turn, Presidential Decree no. 126/20, of 5 May 2020, approved the Regulation on the Administrative Procedures to be Observed in the Licensing of Imports and Exports, which regulates the Register of Exporters and Importers, the Foreign Trade IT Platform, the Licensing of Imports and Exports, infringements, and the sanctioning regime.

f) Supply Chains Risks

Presidential Legislative Decree no. 2/21, of 14 May 2021, established the Legal Framework for the National Network of Logistics Platform – an entity with a strategic positioning in the Logistics Sector in Angola, with a scope for the regulation, supervision, and inspection of activities in the logistics value chain, applicable to all modes of transport.

Other Angolan legislation regulating the protection of foreign investments, specifically regarding supply chain risks, is scarce.

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The National System of Environmental Conservation Areas, and corresponding regulation, as well as the National Programme for Environmental Normalisation,¹¹ are important documents in the context of managing and protecting Angola’s natural resources.

In addition, regarding water resources, the above referenced Water Law (Law no. 6/02, of 21 June 2002) lays down the general principles of the legal framework for the use of water resources belonging to interior waters. Within this framework, Presidential Decree no. 82/14, of 21 April 2014, established the General Regulation on Use of Water Resources, on the permitting requirements applicable to the use of national water resources. Presidential Decree no. 126/17, of 13 June 2017, established the National Water Plan, laying down strategic guidelines for the management of continental waters, based on a Strategic Environmental Assessment. Moreover, Presidential Decree no. 76/17, of 20 April 2017, created the National Water Council, a permanent advisory body with a coordination and articulation mandate between the different ministerial departments linked to the planning, management, and use of water resources.

a) Environmental impact assessment law

As referenced above,¹² the Environmental Impact Assessment procedure is regulated by Presidential Decree no. 117/20, of 22 April 2020, alongside Executive Decree no. 92/12, of 1 March 2012, which lays down the terms of reference for the preparation of Environmental Impact Studies.

Furthermore, Executive Decree no. 87/12, of 24 February 2012, approved the Regulation for Public Consultations on Projects subject to Environmental Impact Assessment.

b) Relevant consultation law such as public participation in environmental decision making

Apart from the specific instrument on public participation in the Environmental Impact Assessment procedures (Executive Decree no. 87/12, of 24 February 2012), mention must be made, in this context, to Law no. 3/06, of

18 January 2006, which concerns the rights of participation and intervention in environmental policies of Environmental Protection Associations. This legislation determines that such associations have (i) the right to participate and intervene in the definition of environmental policies and to participate in public consultation bodies which have competencies in fields relating to environment, nature conservation, natural heritage and spatial planning; (ii) consultation and access to information rights before public administration bodies with respect to environmental impact studies, plans and projects for forest, agriculture and energy management or development, and to the creation of protected areas; (iii) the right to resort to any available administrative means for environmental protection; and (iv) the right to have legal standing before national courts on environmental issues.

Moreover, regarding the management of water resources, the National Water Council’s Regulation, approved by the abovementioned Presidential Decree no. 76/17, of 20 April 2017, stipulates that this Council must ensure participation of communities in the preparation of plans, programmes and projects relating to the planning, management and use of water resources.

_{11. In this regard, please refer to Section 5. a) above.}

_{12. Section 5.e).}

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We refer to the instruments mentioned in the previous section, aimed at promoting public participation in environmental decision-making, as there is no legislation regulating engagement and consultation specifically at a community level in Angola.

It is, however, worth noting that Law no. 29/20, of 28 July 2020, lays down the Statute of the Ombudsman, as an independent public entity that carries out its duties based on complaints lodged by citizens and legal persons, against actions or omissions by the public administration which affect their rights, freedoms, guarantees or legally protected interests – such as environmental rights or interests.

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There are several instruments within the Angolan legal system on the conservation and protection of nature and biodiversity.

Firstly, Law no. 6/17, of 24 January 2017, established the Framework Law on Forests and Wild Fauna, laying down the rules aimed at guaranteeing the conservation and rational and sustainable use of forests and wild fauna in Angolan national territory, as well as the general bases for carrying out activities related to them, defining their purposes and principles, and regulating their corresponding rights, duties, use, exploitation, sustainable management, and liability.

In turn, Resolution no. 1/10, of 14 January 2010, lays down the National Policy on Forests, Wild Fauna, and Conservation Areas, with a mid to long-term perspective, while Presidential Decree no. 46/14, of 25 February 2014, established a National Action Plan for Combatting Desertification, and Presidential Decree no. 26/20, of 6 February 2020, defines the National Biodiversity Strategy and Action Plan for 2019-2025.

In addition, the abovementioned Law no. 8/20, of 16 April 2020, establishing the National System of Environmental Conservation Areas, and corresponding regulation, must also be highlighted,¹³ along with the following:

(i) Executive Decree no. 469/15, of 13 July 2015, which prohibits the killing of protected wild fauna and flora species, with a view to combating poaching;

(ii) Presidential Decree no. 311/18, of 19 December 2018, which approved the Regulation on Import and Reexport of Endangered Wild Fauna and Flora Species;

(iii) Resolution no. 44/21, of 15 June 2021, approving Angola’s accession to the Treaty on the Conservation and

Sustainable Management of Forest Ecosystems in Central Africa (COMIFAC);

(iv) Resolution no. 72/21, of 20 October 2021, approving Angola’s accession to the Memorandum of Understanding for

the Global Biodiversity Information System.

Additionally, Law no. 6-A/04, of 8 October 2004, on Aquatic Biological Resources, establishes rules that aim to guarantee the conservation and sustainable use of aquatic biological resources within Angolan territorial seas, as well as the general bases for the exercise of related activities, namely, fishing and aquaculture. In turn, the abovementioned Decree no. 39/00, of 10 October 2000, which provides for the protection of the environment in the course of petroleum activities, also aims to safeguard nature and biodiversity conservation and protection in this context.

Lastly, it should be noted that Presidential Decree no. 8/22, of 13 January 2022, establishing the National Climate Policy Monitoring, Reporting, and Verification System, provides for a subsystem concerning adaptation measures. Within this angle, conservation and protection of nature and biodiversity might be considered.

_{13. In this regard, please refer to Section 5. a) above.}

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There is a general Regulation on liability for damage caused in the environment – approved by Presidential Decree no. 194/11, of 7 July 2011¹⁴ – which includes land contamination. There is, however, no further legislation on environmental liability specifically for contaminated land.

_{14. In this regard, please refer to Section 22 below.}

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Regarding corporate governance, transparency, reporting and disclosure and access to information law, the following legislation must be highlighted:

(i) Commercial Code – which is divided into four books, regulating (i) trade in general, (ii) special trade contracts, (iii) maritime trade and (iv) insolvency. The Code establishes the legal rules relating to the commercial activity. It addresses, namely, general commercial law topics and concepts such as traders and commercial capacity, firms, bookkeeping, registrations, rendering of accounts, and commercial companies.

(ii) Law on Holdings, Consortia and Companies Groups – Law no. 19/03, of 27 February 2003, which established rules on cooperation contracts between companies, given that the legal framework established by the Commercial Code was, then, outdated.

(iii) Commercial Companies Law – Law no. 1/04, of 13 February 2004,¹⁵ in which the following norms stand out: Articles 70 et seq. on the duty to report on management and present accounts; Articles 183 and 236 on shareholders' right to information; Article 216 on the right to supervision and information; Article 320 on the right to information in general; Article 323 on the collective right to information; Article 325 on other holders of the right to information; and Article 507 on unlawful refusal of information.

(iv) Law on Sole Proprietorship Companies (‘Lei das Sociedades Unipessoais’) – Law no. 19/12, of 11 June 2012, which establishes the principles and rules governing the incorporation of sole proprietorship companies within the framework of civil and commercial legislation, regulating such companies’ capacity, their constitutive acts, and the effects of sole proprietorship.

(v) Public Contracts Law – Law no. 41/20, of 23 December 2020, of which Article 4 regulates good corporate governance practices in the formation and execution of public contracts.

_{15. Also referenced above, under Section 9.}

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With regard to enforcement and monitoring requirements, the following legislation, already elaborated on in other Sections of this document, are of relevance:

(i) Presidential Decree no. 8/22, of 13 January 2022, setting up the National Climate Policy Monitoring, Reporting, and Verification System;

(ii) Presidential Decree no. 138/20, of 19 May 2020, approving the National Programme for Environmental Quality;

(iii) Presidential Decree no. 194/11, of 7 July 2011, laying down the Regulation on Liability for Environmental Damage;

(iv) Decree no. 1/10, of 13 January 2010, establishing the requirement of environmental auditing to monitor projects or activities likely to cause significant impacts on the environment.

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As already mentioned in previous sections, the energy sector in Angola is dominated by the oil and gas industry, thus these are the sectors on which most legislative action has been taken to regulate the obligations and rights of companies and public bodies carrying out natural resource exploitation activities.

Thus, with respect to Oil and Energy Companies (“IOC/IEC”), the following legislation should be highlighted:¹⁶

(i) Law no. 10/04, of 12 November 2004, establishing the legal regime for Petroleum Activities, which contains the rules for the award and conduct of petroleum operations in the Angolan territory, including inland waters, the territorial sea, the exclusive economic zone and the continental shelf;

(ii) Law no. 11/04, of 12 November 2004, which approved the petroleum customs law and establishes the customs regime for petroleum operations for all the entities that carry out petroleum operations (oil and gas companies and service providers);

(iii) Law no. 13/04, of 24 December 2004, which approved the petroleum activities tax law and systematizes the different tax regimes related to petroleum activities;

(iv) Decree no. 1/09, of 27 January 2009, establishing the regulations for onshore and offshore petroleum operations;

(v) Law no. 2/12, of 13 January 2012, establishing the foreign exchange regime for the petroleum sector;

(vi) Presidential Decree no. 86/18, of 2 April 2018, which regulates public tendering for the oil sector, the applicable rules and procedures of the public tenders and to acquire the quality of associate of the National Concessionaire, for contracting services and acquiring goods in the petroleum sector;

(vii) Presidential Decree no. 91/18, of 10 April 2018, which lays down the rules and procedures for the abandonment of wells and the decommissioning of oil and gas activities in Angola;

(viii) Presidential Legislative Decree no. 5/18, of 18 May 2018, which approved the legal regime on additional exploration activities in the petroleum concession development areas, regulating additional exploration within these areas, cost recovery and deduction, production sharing, procedures, tax, foreign exchange, and customs regime;

(ix) Presidential Legislative Decree no. 7/18, of 18 May 2018, which approved the legal and fiscal regime applicable to the activities of prospection, exploration, appraisal, development, production, and sale of natural gas in Angola;

(x) Presidential Decree no. 271/20, of 20 October 2020, establishing the local content regime for the petroleum sector; and

(xi) Presidential Decree no. 51/24, of 6 February 2024, establishing environmental standards and the rules of procedure for the exploitation activities of mineral resources, oil, and natural gas in Conservation Areas.

As for legislation concerning public bodies, Presidential Decree no. 159/20, of 4 June 2020, approved the Organic Statute of the Ministry of Mineral Resources, Oil and Gas, and Presidential Decree no. 49/19, of 6 February 2019, established the Agency for Oil, Gas and Biofuels.

With respect to mining activities, Law no. 31/11, of 23 September 2011, approved the Mining Code, which lays down most of the rules governing the mining industry and mineral operations, from exploration to processing and marketing of all types of minerals. Within this framework, the following, concerning Mining Companies, must be noted:¹⁷

(i) Presidential Decree no. 158/16, of 10 August 2016, which sets forth administrative offences and relevant penalties;

(ii) Presidential Decree no. 175/18, of 27 July 2018, which approved the new rough diamonds marketing policy;

(iii) Presidential Decree no. 35/19, of 31 January 2019, establishing the technical regulations for the marketing of rough diamonds;

(iv) Presidential Decree no. 85/19, of 21 March 2019, which regulates the semi-industrial mining of diamonds;

(v) Angolan National Bank Order no. 2/23, of 9 February 2023, which approved the foreign exchange regime applicable to the mining sector.

Regarding public bodies in this context, Presidential Decree no. 143/20, of 26 May 2020, approved the Governance Model for the Mining Sector, and Presidential Decree no. 161/20, of 5 June 2020, established the National Agency for Mineral Resources.

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_{16. Without prejudice to other industry-specific laws and regulations and the specific contractual terms and conditions of the applicable awarding instruments/contracts.}

_{17. Without prejudice to other industry-specific laws and regulations and the specific contractual terms and conditions of the applicable awarding instruments/contracts.}

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The Angolan legal system belongs to the civil law tradition, influenced by Portuguese civil law. Under the Angolan Civil Code (Article 8), the courts cannot deny judgement if a case is under the legal scope. This assessment is to be done by the court once the case is presented.

The core Codes – Civil, Criminal, Civil Procedure, and Criminal Procedure – are the backbone of the legal system, and reflect common legal principles, such as the principle of due process, the right to a fair trial, the right to appeal and the burden of proof.

The Civil Procedure Code, established in Decree Law no. 44129, as amended by Law no. 2140, provides for the requirements on standing and admissibility of different types of actions before civil courts. Similarly, the Criminal Procedure Code, established in Law no. 39/20, of 9 February 2020, also lays down the statutes of the different interveners in criminal proceedings.

With respect to administrative law, an administrative act can only be considered in court if it is final and enforceable, generally meaning that the administrative path must be exhausted before turning to administrative courts. Another important principle of Angolan administrative law is the principle of separation of powers. The Administrative Litigation Procedure Code, approved by Law no. 33/22, of 1 September 2022, establishes, in its Articles 29 et seq., the legal standing conditions for different types of administrative litigation actions.

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Employees in Angola are entitled to constitutional rights established in the Constitution of the Republic of Angola, meaning that employment relationships shall be regulated in a manner compliant with the principles and fundamental rights set forth in the Constitution and labour law. These include the right to work and freely choose a profession, to join a labour union and organize and perform union activities, to negotiate collective bargaining agreements, to go on strike, to organize meetings and to participate in company social activities, as well as the right to compensation for work done overtime or by extension of the normal work schedule.

The labour framework in Angola is based on continental legal practice. Most provisions pertaining to types of employment contracts, duration, termination and powers, and rights and duties of the employee and employer are set out in the New General Labour Law, recently approved by Law no. 12/23, of 27 December 2023 (“NGLL”), which entered into force on 26 March 2024. This is the main source of labour law, applicable to all employees who, in the territory of the Republic of Angol a, work for an employer in Angola, and is subsidiarily applicable to other statutes governing specific contracts. The NGLL, like the previous General Labour Law (Law no. 7/15, of 15 June 2015), is generally pro-employee and protects employee as per the principle of “favors laboratoris”. In addition, the NGLL establishes rights of personality, such as freedom of expression, the right to privacy and protection of personal data, and rules forbidding the employer to request, except for safety and security matters, the presentation by the employee of medical examinations.

Regarding environmental matters, the only provisions established are in the NGLL, ensuring that no employee is exposed to the effects of physical, chemical, biological or environmental conditions or agents, or conditions or agents of any other nature, without being warned about the damage those conditions or agents may cause to their health and informed of how to prevent such. As a result, the NGLL establishes a number of health, environment and safety (“HES”) duties for employers, aimed at maintaining a healthy and safe working conditions, namely, the obligation to prepare (i) a specific regulation on the risks and procedures to adopt in relation to all HES requirements at work, plus (ii) a specific a prevention plan on HES at work to train employees regarding these rules and procedures¹⁸.

_{18. As provided by Article 102(2)(b) and Articles 135, 136 and 137 of Law No. 12/23, of 27 December 2023.}

With respect to the energy law framework in Angola, we refer to the above sections on energy and natural resource-related matters, and recall that energy in this country still is dominated by the oil and gas sector, and there are no legally binding rules concerning the transition to renewable energy sources. There is, in turn, an extensive legal framework regulating the oil and gas sector, as elaborated under Section XVIII above.

However, there are also note-worthy legal acts concerning biofuels, namely, Resolution no. 122/09, which approved the Strategy for the Development of Biofuels in Angola, aiming to contribute to rural development through the economic integration of national agricultural producers and rural communities into the biofuel production chain; meet part of national energy needs by promoting energy diversification; preserve the environment; contribute to the diversification of the economy; and analyse the advantages and disadvantages of biofuel production in the country. Additionally, Law no. 6/10, of 23 April 2010, sets up a general framework to promote the cultivation of sugar cane and other plants, with a view to utilising their products for the production of biofuels in particular, and is aimed at medium and large-scale agro-industry firms and agricultural producers that sell their produce to agro-industrial projects for the production of biofuels. None of these instruments, however, establish any goals as regards the introduction of biofuels in the market.

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a) Dispute resolution

With regards to dispute resolution under the Petroleum Activities Law (Law no. 10/04, of 12 September 2004), any disputes that may arise between the supervising Ministry and licensees, or between the National Concessionaire and its Associates, shall be settled by agreement between the parties. In cases where parties fail to reach an agreement, disputes shall be settled by arbitration, under the specific terms set forth in the relevant Exploration and Production (“E&P”) contracts. The rule is that the arbitral tribunal shall have its seat in Angola and apply Angolan law, and arbitration shall be conducted in the Portuguese language (without prejudice to any other applicable legal provisions, notably regarding the security of the maritime and concessionary public domain, taxation, environment, and supervision of petroleum operations).

It is also worth recalling, in this respect, that Angola is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards¹⁹ and is a signatory to the 1965 Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID”).

Apart from arbitration, dispute resolution in done through legal actions in the competent judicial courts, as outlined in the sections above.

b) Termination of exploration or exploitation permits

Rules for termination of Exploration & Production (“E&P”) licences or contracts are also expressly foreseen in the Petroleum Activities Law (Law no. 10/04, of 12 September 2004) and further elaborated under the relevant E&P license/contract. Under the Petroleum Activities Law, an E&P licence or contract may be terminated by agreement between the State and the National Concessionaire, relinquishment of the National Concessionaire, redemption, or expiration.

c) Lawsuits brought against projects

As described above, Article 37 of the Constitution of the Republic of Angola states that expropriation is only allowed for reasons of public necessity, utility, or interest, and subject to payment of fair compensation. We refer to Section 11 c) above for further elaboration on this subject.

d) Corruption

The main laws governing anti-bribery and anticorruption matters in Angola are:

(i) Law no. 3/10, of 27 June 2010, which approved the Probity Law;

(ii) Law no. 19/17, of 25 August 2017, which approved the Law on the Prevention and Combat Against Terrorism;

(iii) Law 5/20, of 27 January 2020, which approved the Law on the Prevention and Combat Against Money Laundering, Terrorism Financing and Mass Destruction Weapons’ Proliferation;

(iv) Law no. 30/20, of 11 November 2020, which approved the Criminal Code;

(v) Law no. 14/22, of 25 May 2022, which approved the Criminal Procedural Code.

It must also be noted that most E&P contracts adopt the US Foreign Corrupt Practices Act (FCPA), the UK Antibribery Act and/or other commonly used provisions on anti-corruption and the protection against money laundering and terrorism financing.

_{19. As already mentioned in Section XI. b) above.}

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The legal framework for liability and compensation for environmental duty of care, remediation and rehabilitation is laid down by Presidential Decree no. 194/11, of 7 July 2011, which approved the Regulation on Liability for Environmental Damage.

The purpose of this regulation is to establish liability for the risk and degradation of the environment, based on the ‘polluter pays’ principle, to ensure both prevention and repair of environmental damage. The regime is applicable to all activities likely to cause damage to the environment and to the environmental damage caused, and/or imminent threats of such damage. It establishes compulsory civil liability insurance for all natural and legal persons carrying out activities that involve risks of environmental degradation and regulates environmental liability, competencies, guarantees and the respective sanctioning regime.

Particular mention in this context should be made to Article 10, regulating preventive action, and Article 11, regulating repair action, as well as Articles 20 et seq., which establish obligations regarding guarantees, of the Regulation.

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According to the Angolan Constitution (Article 13), general international law is part of the Angolan legal system and thus is applicable as national legislation. International treaties, approved and ratified by Angola, are also applicable within the Angolan legal system as long as they oblige the Angolan State.

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The political discourse in Angola is evolving, with the consideration of nature and climate being bold topics to be addressed.

The commitment to the Paris Agreement obligations is visible, namely, in the institution of the National Climate Policy Monitoring, Reporting, and Verification System established in 2022. Following this step, it is expected that more concrete actions will be taken, which might include new legislation, for instance, concerning decarbonization.

It is also possible to foresee an increasing role attributed to nature and biodiversity. Although, as noted above, this is a subject which already benefits from a relevant legal framework, especially in comparison with other issues, it would not be surprising to observe further developments aimed at valuing nature and biodiversity.

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