Presidential Decree no. 142/20, of 25 May, sets-forth a number of restrictions on the exercise of rights, such as the right of residence, movement and migration to any part of the national territory, as well as on the right of international movement. This statute is complemented by Presidential Decree no. 184/20, of 8 july (as amended by Presidential Decree no. 195/20, of 27 July), which approves the cordon sanitaire to the municipality of Cazengo (Province of Cuanza-Norte) and extends the cordon sanitaire to the province of Luanda, and by Joint Executive Decree no. 180/20, of 12 June, which approves the measures applicable to national and international voyages during the situation of public calamity. In this respect, among the several measures that were adopted by said statutes, we would like to highlight the following:

  • civic duty of home isolation, all citizens are recommended to refrain from travelling and staying on public roads (without prejudice to urgent and required travels);
  • the existing provincial cordons sanitaire are suspended (excluding the municipality of Cazengo and the province of Luanda, as per below). However, it is possible for the competent authorities to reinstate them if there is a risk of community transmission or where the epidemiological situation so recommends. In such situations, restrictive measures may be implemented with regard to the entry and exit of persons;
  • it is established a cordon sanitaire to the municipality of Cazengo, from 0:00 a.m. of 9 July until 23:59 p.m. of 9 August 2020, and the cordon sanitaire in the Province of Luanda is extended for an additional period, starting at 0:00 a.m. of 11 July and ending at 23:59 p.m. of 9 August 2020. During the cordon sanitaire, the borders of the municipality of Cazengo and of the Province of Luanda will be subject to sanitary controls in accordance with the terms set by the relevant authorities.
  • public urban and interprovincial transport are restored, being allowed to operate with only up to 50% of their total passenger capacity. This number shall be updated to 75% of the total passenger capacity on 10 June;
  • domestic flights are permitted, provided that capacity limitations and biosecurity measures (to be defined) are met. Flights to areas subject to cordons sanitaire are not permitted;
  • rail passenger transports will be resumed on 9 June, being allowed to operate with only up to 50% of their total passenger capacity. Travels to areas subject to cordons sanitaire are not allowed;
  • moto-taxis services are permitted in all provinces, provided that hygiene and sanitation rules for individual protection are complied with. These services are still prohibited in the province of Luanda;
  • from 10 June onwards, public urban transports are allowed to operate from 5:00 a.m. to 0:00 p.m.;
  • specific rules are defined for the operation of public transports, which include among others the provision of hand sanitizing solutions to staff and customers, the mandatory use of face masks or the creation of conditions to maintain the physical distance between passengers;
  • the borders remain closed. Notwithstanding, provided that prior authorisation is granted by the relevant governmental bodies and health checks are conducted by the relevant health authorities, the entry and exit in the country is possible on the following cases:
    • return to the national territory by national citizens and foreign residents;
    • travels of foreign citizens returning to their respective countries;
    • official travels;
    • entry and exit of cargo, goods and postal parcels;
    • humanitarian aid;
    • medical emergencies;
    • technical stops;
    • entry and exit of diplomatic and consular personnel;
    • transport of corpses (up to two escorts are admitted);
    • entries of foreign specialists for the performance of specific tasks.
  • domestic commercial and international flights to and from Luanda will restart on the day that the cordon sanitaire to the province of Luanda is lifted;
  • all passanger in international flights are required to be submitted to molecular RT-PCR SARS-COV-2 testing (up to 8 days prior to the date of travel);
  • mandatory 14 days quarantine (institutional or in a hotel unit approved by the Ministry of Health) for all passengers returning to Angola. The quarantine period may be reduced to 7 days if the passenger performs a molecular-based RT-PCR SARS-COV-2 test in a private service certified by the Ministry of Health;
  • documents relating to the sojourn of foreign citizens in Angola (i.e. residence permit, refugee card, investor visa, work visa, study visa and temporary sojourn visa), which have expired or are due to expire, shall remain valid until 31 August, regardless of whether said citizens are in national territory or abroad;
  • foreign citizens who enter or are in national territory with a tourist or border visa, or pursuant to any agreement aiminig the facilitation or exemption visas, have their sojourn guaranteed until the lifting of the ban on the movement of persons at the border posts. In any event, foreign citizens in this situation shall leave the country as soon as the ban is lifted;
  • international passanger travels by sea, rail and road are not permitted during the period of public calamity.

In addition to the above, reference must also be made to Executive Decree no. 181/20, of 12 June 2020 (“ED 181/20”), which enacts a number of transitory measures aimed at ensuring that the transportation sector keeps operating while the situation of public calamity is in place. Among others, ED 181/20:

  • outlines the sanitary and biosecurity conditions that operators and agents are required to implement in order to control and prevent the spread of the COVID-19 and therefore protect their staff and service;
  • establishes the specific measures applicable to each sector:

Aviation 

    • air transport of passengers on domestic flights is permitted, with the exception of flights to and from any area subject to a cordon sanitaire (as is the case of the province of Luanda);
    • the transport of passengers engaged in the provision of services within the oil and mining sectors, is not subject to the flight restrictions applicable to the province of Luanda;

Port and maritime

    • the following services are permitted:
      (a) maritime freight services, and loading and unloading operations;
      (b) cargo handling and repackaging for security reasons;
      (c) rescue and other urgent operational services;
      (d) maritime transportation services for the petroleum industry;
      (e) all material acts which are necessary for the carrying out of the above maritime operations, in particular the handling of cargo by terminals;
    • the transport of passengers to any national port is prohibited, except in which refers to the transportation of workers within the Oil&Gas sector posted to rigs or offshore FPSOs; as of 15 August this restriction will be lifted;
    • port services are back in operation in all port jurisdictions, with 100% of its workforce, from 26 May (with the exception of Luanda province);
    • port services in the province of Luanda shall reopen on a phased manner in accordance with the following terms:
      a. from 26 May – 50% of the workforce;
      b. from 29 June – 75% of the workforce;
      c. from 13 July – 100% of the workforce.
    • lists of necessary and indispensable personnel for the provision of in person services shall be established the regulatory bodies and companies operating in the sector, including the National Institute of Civil Aviation (INAVIC), the Port and Maritime Institute of Angola (IMPA), the National Institute of Angolan Railways (INCFA), and the National Institute of Road Transportation (INTR); where applicable, workers shall continue on a telework regime; and
    • establishes a number of special measures to be implemented in order to ensure that goods and cargo are cleared in a swift manner and lays down the duties assisting in respect thereof to shipping agents, the National Shippers Council, Port Authorities and port terminals.

In regard to the maritime- sector, the Port of Luanda has recently adopted the following measures:

  • vessels wishing to dock must inform the port 72 hours in advance of the vessel's last 10 ports;
  • all requests for direct berthing at the port of Luanda are suspended, vessels should anchor outside the port and be subject to inspection visits by Health and Maritime Sanitation entities;
  • the port pilot shall only come onboard vessels once the inspection by the health authorities is conducted.

The provinces and municipalities subject to a cordon sanitaire are governed by a special regime. Under the terms of Presidential Decree No. 184/20 of 8 July (as amended by Presidential Decree no. 195/20, of 27 July), which lays down the exceptional and temporary measures to be put in place in any such cases, in these provinces and municipalities:

  • home gatherings of more than 15 people and gatherings of more than 10 people on public roads are prohibited;
  • the use of a protection mask on public roads is mandatory. Non compliance may result in the application of a fine, ranging from AKZ 5,000.00 to AKZ 10,000.00;
  • public services shall operate from 8:00 a.m. to 3:00 p.m. with only 50% of their workforce. Depending on the nature of the work, this figure may be reduced to 30%. Port, airport and related services are not subject to these limitations and can operate with all of its workforce;
  • passenger transports (public and private, urban and interurban) may operate between 5:00 a.m. and 8:00 p.m. and cannot exceed 50% of their capacity;
  • exits from areas subject to cordon sanitaire are subject to authorization and to a SARS-COV-2 test;
  • without prejudice to any criminal penalties that may apply, violation of the cordon sanitaire or compulsory isolation imposed by the authorities is punishable by a fine, ranging from AKZ 100,000.00 to 250,000.00, and the offender is obliged to get tested to SARS-COV-2 at his own expense.

By means of Presidential Decree no. 142/20, of 25 May, as supplemented by Instruction no. 004/2020, of 2 July, and Circular no. C014/20, of 3 July, of the National Civil Aviation Institute (INAVIC)the latter issued a set of measures and procedures that must be adopted by air operators, providers of airport and ancillary services, by the time the national and international air traffic, to and from Luanda, is resumed. Among such measures we highlight the following:

  • domestic commercial flights, to and from Luanda, will be resumed on the day the cordon sanitaire to the province of Luanda is lifted with a capacity limit of 75% of the relevant aircraft;
  • international commercial flights, to and from Luanda, will be resumed on the day the cordon sanitaire to the province of Luanda is lifted with a capacity limit of 75% of the relevant aircraft. These flights will be, in any case, subject to confirmation by the National Health Authority and the following procedures shall be complied with:
    • passengers' baggage must be accommodated in the aircraft holds, limiting to a minimum the use of hand baggage;
    • luggage carried by passengers must be disinfected before being taken to the craft;
    • the cargo carried on these flights must be isolated for a period of 48 hours (including all ancilliary documentation);
    • personnel involved in the handling the cargo must at all times be provided with gloves and face protection;
  • while the obligation to submit passenger coming from aborad to mandatory quarantine is still in place, the frequency of scheduled international flights will be reduced to 1/3 in relation to what was agreed under the relevant bilateral air transport agreements. This figure may be reduced or increased (to a maximum of 2/3 of scheduled routes) depending on the results obtained from the National Health Authority's epidemiological risk assessment of the countries.
  • it is the responsibility of airlines, airport and border authorities to confirm that passengers have been subject to the molecular-based RT-PCR SARS-COV-2 test (no later than 8 days before the date of travel) and that they have completed the declaration in which they choose the type of quarantine to which they will be subject – institutional quarantine or quarantine in an authorised hotel unit; and
  • these statutes further establish rules and measures to be implemented for a better management of crew and passengers, the management of check-in procedures and airport services. The procedures that must be followed in cases of suspected or confirmed contamination on board are also laid down.

 

 

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This information is being updated on a regular basis.

The information provided and the opinions expressed herein have been prepared with the help of VdA Legal Partners and are of a general nature. They are not in lieu of appropriate legal advice in connection with specific cases.