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 315/21, of 24 December (as amended by Presidential Decree no. 316/21, of 31 December), which approves an updated version of the exceptional and temporary measures in force during the state of public calamity, and by Joint Executive Decree no. 238/20, of 29 September, 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 correct use of a face mask on public roads, in indoor public spaces, public transportation, door-to-door sales and street markets. It is deemed as correct use of the mask when it covers both the nose and the mouth. The non-use or incorrect use of the mask gives rise to a fine ranging from AKZ 15,000.00 to AKZ 20,000.00;
  • the cordon sanitaire to the province of Luanda suspended as of 0:00 a.m. of 1 September 2021. 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;
  • the borders of the areas under a cordon sanitaire are subject to sanitary controls. 
  • entries and exits from the areas subject to a cordon sanitaire are dependent on prior completion of a SARS-COV-2 test, with a negative outcome.
  • public urban, interurban and interprovincial passenger transports, either public or private, are allowed to operate (i) with up to 50% of their total passenger capacity and (ii) upon presentation, by the passengers, of a vaccination certificate or a SARS-COV-2 test with a negative result, carried out up to 48 hours before boarding;
  • rail passenger transports will be resumed on 9 June 2020, 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 between 6.00 a.m. and 10.00 p.m., being mandatory the use of face masks during the transportation for both the driver and the passenger;
  • 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 sanitary controls 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;
    • entry of foreign citizens with investor and temporary visas;
    • entry of foreign citizens with work visas or refugee cards;
    • travels of foreign citizens returning to their respective countries;
    • official travels to and from Angola;
    • entry and exit of cargo, goods and postal parcels;
    • humanitarian aid;
    • medical emergencies;
    • technical stops;
    • entry and exit of diplomatic and consular personnel;
  • all entries in the national territory are not subject to prior authorization by the national authorities, but are, in any case, dependent on the:
    • completion of a RT-PCR test to COVID-19, with a negative outcome, on the 72 hours preceding the trip;
    • filling of a travel registration form;
    • completion of an antigenic test on the arrival, at the airport facilities – as of 0.00 a.m. of 16 January 2021.
  • the antigenic test completed on the arrival is co-funded in the amount of AKZ. 11,278.19;
  • As of 15 December 2021 regular flights from and to any of the below listed countries shall be resumed:
    • Republic of South Africa
    • Republic of Botswana;
    • Kingdom of Eswatini;
    • Republic of Malawi;
    • Republic of Mozambique;
    • Republic of Namibia;
    • Republic of Zimbabwe.
  • without prejudice to the paragraphs below, citizens coming from, or having transited through, the countries listed above, or any country where SARS-CoV-2 Omicron variant has a community circulation, are required to undertake a 14-day home quarantine, regardless of their stage of immunisation;
  • From 1 January 2021, scheduled flights to and from the Republic of India are permitted.
  • scheduled domestic and international flights are limited to the frequency approved by the Civil Aviation Authority, with gradual resumption of such flights on the following terms:
    • domestic – as of 14 September 2020;
    • international – as of 21 September 2020.
  • citizens wishing to travel abroad are required to show evidence of a vaccination certificate or equivalent document attesting full imunisation against COVID-19;
  • biosecurity rules must be observed, during the boarding and in the flight, and passengers must show evidence of having tested negative in a serologically (for domestic flights) or a RT-PCR (for international flights) test, conducted in the 72 hours preceding the flight;
  • mandatory quarantine:
    • 10 days home quarantine
      • to all national citizens and foreign residents and all diplomatic corps accredited in Angola coming from abroad that have been tested negative to COVID-19 on a (i) pre-boarding test and (ii) on the arrival, at the airport facilities;
      • to foreign non-residents coming from abroad with a place to stay in the country that have been tested negative to COVID-19 on a (i) pre-boarding test and (ii) on the arrival, at the airport facilities.
    • 14 days home quarantine
      • citizens coming from, or having transited through, any country where the SARS-CoV-2 Omicron variant has a community circulation, regardless of the stage of immunisation;
    • institutional quarantine:
      • to foreign non-residents coming from abroad that have been tested negative on a pre-boarding COVID-19 test to whom no special regime applies or that have not secured a suitable place for home quarantine (duly authorised by the National Health Authority);
      • whenever the health authorities consider that requirements for home quarantine are not met, namely when there are no conditions to keeo social distancing;
      • in case of positive outcome in the antigenic test undertaken on the arrival, at the airport facilities, upon medical evaluation and express decision by the competent health authority.
      • in case of positive ourcome in the test took after the mandatory quarantine period undertaken by citizens coming from, or having transited through, any country where the SARS-CoV-2 Omicron variant has a community circulation.
  • the passports of foreign non-residents entering in Angola shall be retained by the national migration authorities until the end of the quarantine period.
  • citizens subject to home quarantine are required to sign a liability note assuming the obligation to stay in isolation. Home quarantine will be completed when a discharge order is issued by the competent health authority. This document will only be issued when the relevant individual has tested negative SARS-COV-2. The test must be completed up to 10 days after home quarantine begins;
  • however, there is a quarantine exemption for citizens coming from abroad who have:
    • a certificate of complete vaccination against Covid-19;
    • tested negative to COVID-19 upon arrival;
    • not come from a country where there is community circulation of SARS CoV-2 Omicron variant.
  • passengers – national citizens and foreign residents – whose final destination and place of residence is not Luanda, shall provide for their accommodation in the city to complete a quarantine period of 8 to 14 days, in a place authorised by the National Health Authority, before continuing their trip. They are responsible for the costs of such quarantine period.
  • without prejudice to the previous paragraph, it is possible for transit passengers to continue the trip to their final destination/place of residence without having to comply with the quarantine period in Luanda, as long as they have a domestic connecting flight on the same day and remain at the airport during the stopover.
  • without prejudice to criminal liability that may be attributed, the violation of home quarantine is punished with a fine ranging from AKZ 250,000.00 to AKZ 350,000.00, in addition to institutional quarantine being imposed on citizens in breach;
  • citizens who have tested positive for SARS-COV-2 and who do not present symptoms are obliged to remain in home isolation and can, in any case, be institutionalized for institutional isolation where (i) the conditions for home isolation are not met (ii) a citizen comes from a country where there are registered cases of the new strains of SARS-COV-2 virus, (iii) in cases where social isolation cannot be maintained, (iv) in cases of cohabitation with persons at risk/vulnerable persons, or (v) in cases where COVID-19 patients are in a critical or serious condition . These citizens are required to sign a liability note assuming the obligation to stay in isolation;
  • individuals in cohabitation with citizens in home isolation are subject to home quarantine;
  • home or institutional isolation is deemed to be completed by the time the discharge certificate is issued by the competent health authority. This document is issued only after the completion of the SARS-COV-2 test with a negative outcome;
  • citizens that get tested to the SARS-COV-2 virus in public health units are granted with State funding to pay for same, in accordance with the terms set under Joint Executive Decree 252/20, of 19 October;

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;
    • 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;
    • port services are back in operation in all port jurisdictions, with 100% of its workforce, from 26 May 2020 (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 2020 – 50% of the workforce;
      b. from 29 June 2020 – 75% of the workforce;
      c. from 13 July 2020 – 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.

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.