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. 256/20, of 8 October, 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 5,000.00 to AKZ 10,000.00;
  • the existing provincial cordons sanitaire are suspended (excluding 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;
  • the cordon sanitaire to the province of Luanda is still in place, and it will stand from 0:00 a.m. of 9 October until 23:59 p.m. of 7 November 2020.
  • 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. Prior authorisation is not required;
  • public urban and interurban passenger transport, either public or private, will operate from 5.00 a.m. until 10.00 p.m., being allowed to operate with only up to 75% of their total passenger capacity;
  • 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 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 professionals working in Angola, for public or private entities;
    • entry of foreign citizens with work visas;
    • 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;
    • transport of corpses, as long as the cause of death is not COVID-19.

All entries in the national territory are dependent on the completion of a RT-PCR test to COVID-19, with a negative outcome, on the 72 hours preceding the trip;

  • 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.
  • however, 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. These trips are not subject to any authorisation from the Angolan authorities;
  • 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;
  • mandatory quarantine:
    • home quarantine
      • to all national citizens and foreign residents and all diplomatic corps accredited in Angola coming from abroad that have been tested negative on a pre-boarding COVID-19 test.
    • 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.
  • the passports of foreign non-residents entering in Angola shall be retained by the national migration authorities until the end of the quarantine period.
  • while the cordon sanitaire is in force, national passengers, foreign residents and non-residents entering or leaving the national territory should provide all the necessary information for their health monitoring and follow-up, for as long as required by the Multisectoral Commission for the Prevention and Mitigation of COVID-19.
  • the information referred to in the previous paragraph should be provided before boarding, through the website http://covid19.gov.ao, and should contain, among others, the following elements:

a)       Full name;

b)       Address where the passenger is going to stay during the home quarantine;

c)       Phone number (and an alternative one);

d)       Phone number of the individual(s) who must provide assistance during home quarantine;

e)       Reason for entering the country.

  • 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 can only be completed at least 7 days after home quarantine begins;
  • 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 150,000.00 to AKZ 250,000.00, 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 if the conditions for home isolation are not met (i.e. in cases where social isolation cannot be maintained or in cases of cohabitation with persons at risk/vulnerable persons). 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 amounts set by the relevant authorities;
  • tourism, short-stay, or border visas of all foreign citizens who are still in Angola, due to the closure of borders, and that have expired on 28 February 2020, shall be considered valid until 31 December 2020. Citizens who are in Angola under visa exemption agreements may also remain in the country until 31 December 2020. Notwithstanding, citizens in this situation must leave national territory as soon as the travel impediments are removed;
  • 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 on 28 February 2020 shall remain valid until 31 December 2020, in relation to citizens who are abroad;
  • 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.

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.