WT/TPR/M/354/Add.1  
28 June 2017  
(17-3444) Page: 1/37 
Trade Policy Review Body  
3 and 5 May 2017  Original: English/anglais/inglés  
Spanish/espagnol/español  
 
  TRADE POLICY REVIEW  
MOZAMBIQUE  
MINUTES  OF THE MEETING  
Addendum  
Chairperson:  Ms. Irene Young (Hong Kong, China)  
This document contains the advance written questions  by WTO Members  and replies 
provided by  Mozambique .1 
 
 
Organe d'examen des politiques commer ciales  
3 et 5 mai 2017 
EXAMEN DES POLITIQUE S COMMERCIALES  
MOZAMBIQUE  
COMPTE RENDU DE LA R ÉUNION  
Addendum  
Présidente :  Mme Irene Young (Hong Kong, Chine)  
Le présent document contient les questions écrites communiquées à l'avance par les 
Membres de l'OMC et les réponses  fournies par  Mozambique .1 
 
 
Órgano de Examen de las Políticas Comerciales  
3 y 5 de mayo  de 201 7 
EXAMEN DE LAS POLÍTI CAS COMERCIALES  
MOZAMBIQUE  
ACTA DE LA REUNIÓN  
Addendum  
Presidenta:  Sra. Irene Young (Hong Kong, China)  
En el presente document o figuran las preguntas presentadas anticipadamente por escrito   
de los Miembros de la OMC,  así como las respues tas facilitadas por  Mozambique .1 
                                                
1 In English and Spanish only./En anglais et espagnol seulement./En inglés  y español solamente.  WT/TPR/M/3 54/Add.1  
 
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ARGENTINA  ................................ ................................ ................................ ......................  3 
BRAZIL  ................................ ................................ ................................ .............................  4 
CANADA  ................................ ................................ ................................ ...........................  9 
CHILE  ................................ ................................ ................................ ...............................  9 
CHINA  ................................ ................................ ................................ ............................  11 
EUROPEAN UNION  ................................ ................................ ................................ .........  13 
KENYA  ................................ ................................ ................................ ............................  18 
NORWAY  ................................ ................................ ................................ ........................  19 
SINGAPOR E ................................ ................................ ................................ ....................  21 
KOREA, REP. OF  ................................ ................................ ................................ .............  21 
UNITED STATES  ................................ ................................ ................................ .............  23 
THAILAND  ................................ ................................ ................................ ......................  33 
 WT/TPR/M/3 54/Add.1  
 
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  ARGENTINA  
Report by the Secretariat (WT/TPR/S/354)  
 
Question 1 : In paragraph 2.14 , it is stated that even Mozambique has made 14 notifications since 
2009, whereas it had only made two notifications over the period between its accession to the 
WTO until the end of the previous review period, meeting notification obligations is quite 
burdensome and is an area where Mozambique will continue to need technical assistance. What 
kind of technical assistance does Mozambique need to improve its notification obligations taking 
into consideration the assistance received so far ?   
Answer:  Language  barrier is a big constraint issue for Mozambique (all the internal 
documents are in Portuguese, as this is the country’s Official language). There is need 
for translation into English. Additionally, due to official’s mobility in the Government, 
some train ed staff is no longer dealing with notifications and there is almost need for a 
frequent training. Mozambique needs assistance on management of notifications online 
tool, on the establishment of database for documents/regulation managed by the 
National Not ification Authority and National Enquiry Points and this should be an, 
ongoing process, for SPS. We do hope and even propose that the WTO Secretariat should 
develop some materials written in Portuguese to facilitate the process of understanding 
and that of  preparing notifications, aware of the need for notifications in almost all the 
areas.  
We also suggest and or request the adoption of training courses devoted to Portuguese 
speaking countries, even if not always but, at least once biennially. Short assign ments 
by our partners can assist Mozambique to update its notification commitments and they 
would be an added value to enable us, to keep our notification commitments updated in 
the various areas.  
Question 2 : In paragraph 3.12, refers to the pre -shipment i nspection for certain goods. Could 
Mozambique indicate the basis and reasons for the inclusion of c ertain goods in the list of 
pre-shipment inspection?  
Answer:  The need to protect and defend public health and security (pharmaceutical 
products, frozen meet , flour cooking oil, cosmetics); infant industry pr otection (sugar, 
oil, cement); r oad security  (second -hand vehicles and tires) . 
Question 3 : In paragraph 3.13, it is stated that Mozambique  is considering phasing out 
pre-shipment inspection. Is this requir ement under the consideration of being removed?  
 
Answer:  Mozambique is aware of the obligation under the implementation of the WTO 
Agreement on trade Facilitation. According to the Categories of the TFA obligations, for 
Mozambique, this is under category  “C”. Mozambique is expecting to benefit from 
technical assistance in view to capacity building as prescribed on the Agreement.  
 
Question 4 : In paragraph 3.67, it is mentioned that a new decree on GMOs entered into force in 
2014. Could Mozambique provide f urther information on the implication of the new decree for 
trade and production of products containing GMOs?   
 
Answer:  The new regime on GMOs management aims to protect human health, the 
environment and biological diversity, applies to all public and pr ivate entities involved in 
the export, import, transit, research, discharge into the environment, handling and use 
of GMOs and their products throughout the national territory.  Regarding to import, 
export and transit; import of GMOs and their products for human and animal 
consumption, as well as food processing, requires authorization from the National 
Biosafety Authority.  
 WT/TPR/M/3 54/Add.1  
 
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  The Ministry of Science and Technology, Higher Education and Vocational Training is the 
institution from which you obtain the necessary  authorization for trading and or 
producing GMO goods.  
(Av. Patrice Lumumba, 770 Maputo, Mozambique  
Telef.: (+258 1) 35 28 00  Fax: (+258 1) 35 28 60  
E-mail: secretariado@mctestp.gov.mz  
www.mctestp.gov.mz  
https://twitter.com/mctestp  
https://www.instagram.com/mctestp/  
http://www.mctestp.gov.mz//  
BRAZIL  
TRADE POLICY REVIEW - REPORT BY MOZAMBIQUE  
 
1 INTRODUCTION  
Page 3 (1.3) "Mozambique presented its last Trade Policy Review in April 2009 and, since then, 
several economic reforms, and trade regulations were introduced, in order to create a more 
conducive trade and investment environment, as well as predictability in its policies."  
 
Question 5 : Can the transfer of funds related to an investment be made freely a nd without delay, 
to and from Mozambique? What measures has the government taken to facilitate such flows?  
 
Answer:  In general, the transfer of funds related to investment is possible, and it has 
been done freely. However, these types of operations must b e registered by the Central 
Bank, in accordance with the Exchange Law and its regulations.  
 
2 ECONOMIC ENVIRONMENT AND DEVELOPMENT  
 
Page 4 (2.9) “In order to ensure a stable flow of foreign capital to meet national development 
objectives, Mozambique's inve stment policy is based on the following pillars:  
a) Security and protection of property rights, as established in the Investment and Agrarian Laws;”  
 
Question 6 : Are there any differences between national and foreign investments in the 
agricultural sector?  Are there specific requirements for foreign investment in the agricultural 
sector, including with regards to the use of land?  
 
Answer:  According to the National Investment Law, there is an equal treatment in 
carrying out their activities. The difference in agricultural sector is regarding to the 
duration of the Provisional Authorization to use the land (DUAT). Provisional 
authorization has a maximum duration of 5 years for national persons and 2 years for 
foreign persons.  
 
4 FINANCIAL AND TAX SECTOR  
 
Page 6 (4.1) "The Government is implementing reforms in the financial sector to: 1) modernize 
and expand the financial system; 2) promote the entry of new financial institutions; 3) promote 
microfinance institutions; 4) increase the level of monetization; 5) e xpand financial services in 
rural areas; 6) develop financial services for SMEs and family businesses; and 7) improve the 
insurance, pensions and social security sectors."  
 
Question 7 : What are the main requirements for new financial institutions entering Mozambique? 
How long does it take to verify the chain of capital ownership of these financial institutions?   
 WT/TPR/M/3 54/Add.1  
 
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  5 AGRICULTURE AND FISHERIES  
 
Question 8 : Since the end of March, referring to SPS concerns Mozambique has suspended the 
import of meat from Brazil  and chicken from all origins. This measure was adopted in the wake of 
reports about the results of investigations on meat -producing plants in Brazil. In this context, the 
Brazilian Government took several measures to reinforce the already strict inspectio ns of meat -
producing plants, including the suspension of the export licenses or the closure of plants involved 
in isolated irregularities. Investigations were initiated by Brazilian authorities themselves, and of 
the 4,837 animal product -processing units s ubject to federal sanitary inspections, only 21 were 
allegedly involved in irregularities. Three of those were already cleared to export after rigorous 
audit by the authorities. The information provided by Brazil, as well as the robust response by the 
Government, led major markets to quickly revert excessive restrictive measures towards Brazilian 
exports. Could Mozambique provide updated information about the suspension? Is Mozambique 
open to reconsider its decision in light of new developments and informat ion? What are the actions 
taken by Mozambique to adjust the measure in order to minimize the negative impact on trade as 
required by the SPS Agreement?  
 
Answer:  Mozambique appreciates the measures taken by Brazilian Government to 
reinforce the already st rict inspections of meat -producing plants.  
Mozambique Authorities are working on the issue and will take the necessary steps to 
adjust to the new developments, based on the outcomes to be received from the 
laboratorial analysis ordered.  
Page 7 (5.8) “In 2 016, the Government prepared the Operational Plan for Food Production, which 
advocates for substantial increases in food production. With the implementation of this Plan, the 
expectation is to reduce the import levels of rice and chicken by 50% by 2019.”  
 
Question 9 : Could Mozambique provide further details about the Operational Plan for Food 
Production? Does the Plan include trade measures to foster domestic production? Are there 
incentives for foreign companies to produce locally?  
 
Answer:  Mozambique i s a signatory of the Maputo and Malabo Declaration on 
Agriculture. Based on that, Mozambique approved the National Investment Plan (NIP). 
The Operational Plan for Food Production is a day -to-day plan for the NIP.  
 
In 2016, the Government defined agricultur e as one of the four main sectors to be given 
more attention. The specific objectives envisaged are/ to identify main products for 
national consumption and exports, aiming at defining the financing mechanism and 
carry out market analysis to boost the produ ction of those main products.  
 
All Provinces were instructed to identify their main commodities for food safety among 
maize, rice, vegetables, beans, potatoes, red meat, poultry (chicken and eggs) and fish. 
For export, the commodities are cashew nuts, toba cco, cotton, sugar cane, bananas, 
pigeon peas and fish.  
 
For foreign companies to invest in Agriculture, they have incentives under the 
Investment law. These incentives are on equipment importation duties, as well as on 
taxes exemption (Years of grace for maturing the investment).  
 
11 TRADE -RELATED TECHNICAL ASSISTANCE  
 
Page 15 (11.6) “Mozambique needs trade -related technical assistance, as described below:  
(a) – (ff)” 
 
Question 10 : Could Mozambique provide further information about which of the areas iden tified 
as priorities for technical assistance are receiving more support from bilateral and multilateral 
sources and which areas are receiving less or no support?  
 WT/TPR/M/3 54/Add.1  
 
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  Answer:  Regarding technical assistance, Mozambique receives:  
 
Areas receiving some assista nce:  
 
 Customs inspection and valuation  
 Rules of origin  
 Metrology, standardization and certification  
 Support to reform the procurement system, but there is a continued need for 
technical assistance to consolidate the ongoing reforms and specially to implem ent 
e-Procurement  
 
Areas receiving Less support:  
 
 Training in international trade 
 Training on the implementation of WTO Agreement on Trade Facilitation  
 Customs Coordinated Border Management Testing laboratories  
 
Areas receiving no Assistance at all:  
 
 Trade Remedies and safeguard Measures;  
 Interface between the Single Window and E - taxation Projects;  
 Electronic Monitoring of International Transit;  
 Training on price and transfer, fiscal base erosion and  
 Specialized training in strategic planning, policy, e conomic and legal analysis for 
trade negotiations;  
 
This is to mention some areas. Actually, the list of activities receiving no assistance is 
quite extensive, as needs are many.  
TRADE AND INVESTMENT REGIMES  
 
2.4 Investment Regime  
 
Page 31 (2.32) “Investme nt in Mozambique (excluding the petroleum, natural gas and mining 
sectors) remains largely governed by the Investment Code, Law No. 3/1993.25 While compliance 
with the Investment Code is not obligatory in order to set up and run a business in Mozambique, 
only those companies (national or foreign) granted investment licences under the Code may enjoy 
the benefits contained therein. These include: protection of property rights, and compensation for 
expropriation; the remittance abroad of funds earned from inve stment activities; access to fiscal 
incentives under the Code of Fiscal Benefits (see Section 3.3.1); and dispute settlement.”  
 
Question 11 :  What are the requirements to obtain an investment license? Are they different 
between nationals and foreigners?  
Answer:  In order to have an investment license, a national and or foreign person must 
submit the investment project with the identification of the investors, the documents of 
the implementing company registered in Mozambique, Tax Identification Number in 
Mozambique (NUIT), lease contract of the office in Mozambique and or land documents.  
 
National and foreign investors have an equal treatment according to the Investment 
Law.  The difference is only when a foreign investor want to have an eligibility for 
external remittances of profits and re -export of invested capital. There are minimum 
values of foreign direct investment established when using equity capital, according to 
the internal legislation and regulations).  WT/TPR/M/3 54/Add.1  
 
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  3 TRADE POLICIES AND PRACTICES BY MEASURE  
 
3.3 Measures Affecting Production and Trade  
 
Page 70 (3.104) “Over the review period, the Government of Mozambique has continued to reform 
its procurement regime; a new procurement Decree was introduced in 2010, replacing legislation 
dating back to 2006 (D ecree No. 15/2010 of 24 May 2010). The 2010 Decree was then replaced by 
new Public Procurement Regulations, which entered into force on 6 June 2016 (Decree No. 
05/2016 of 8 March 2016).  
 
The objectives of legislative reform were to: increase transparency;  reduce the use of direct 
procurement; include a flexible new contracting modality (call for quotes); increase business 
opportunities for foreign competitors; introduce a chapter on public works contracts; remove 
barriers to the submission of complaints by  competitors; increase the thresholds for the application 
of limited tenders, small -size tenders and other forms of consultancy services; require the 
publication of award documents, including those of direct procurement; and organize the 
regulation in such  a manner as to help technicians understand the requirements contained 
therein.”  
 
Question 12 : What are the conditions for foreign competitors to participate in public 
procurements? Are foreign bidders always able to participate in the process?   
 
Answer:  The Procurement Regulation approved by Decree no. 5/2016, dated 8th March, 
establishes 3 procurement regimes, which are:  
 
- The General Regime: Open competitive bidding – open to all national and 
international suppliers, unless the bidding documents states  that the tender is only 
for national suppliers, depending on the types of works, and or goods and services, 
respectively;  
 
- The Special Regime: The Regulation approved by Decree no. 5/2016, dated 8th 
March, opens the possibility of adoption of other proc edures for contracting goods 
and services due to treaties and international financing, when there is a 
requirement to apply specific contracting rules;  
 
- Exceptional Regime: Congregates 7 different specific modalities that are 
exceptions to the General Re gime. Basically 3 of these modalities (limited Tenders, 
Small Value Tenders and Shopping) are restricted to national suppliers or 
international suppliers domiciled in Mozambique for at least 5 years, seeing that 
that to be able to apply for these modalitie s the supplier must be registered in 
National Suppliers Registry maintained by the Functional Unit for Supervision f 
Procurement (UFSA).      
 
4 TRADE POLICIES AND PRACTICES BY SECTOR  
 
4.5 Services Sector  
 
Page 90 (4.65) "Financial access has increased sig nificantly over the last decade. The number of 
bank branches rose from 228 in 2005 to 572 in 2014 and the credit -to-GDP ratio rose from 13.2% 
to 30% (.). The share of the adult population that has a bank account increased to 20% in 2014 
and the share of ad ults financially excluded dropped to 60% in the same year."  
 
Question 13 : What are the prudential rules applicable to bank branches and how do these 
organizations differ from full subsidiaries regarding the banking supervision and operating 
requirements?  
 WT/TPR/M/3 54/Add.1  
 
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  Answer:  All (eighteen) Commercial banks operating in Mozambique are subject to on -
site and off -site supervision based on their risk profile and systemic importance. The 
Central Bank also does promote prudential meetings with the banks.  
 
The prudential ru les applicable to bank branches can be found on the Law nº 15/99 of 
November  1, Law of Credit Institutions and Financial Companies, in conjunction with the 
amendments introduced by Law no. 9/2004, of July 21 and other relevant legislation for 
the prudentia l supervisory process.   
 
Currently Commercial banks operating in Mozambique do not have subsidiaries abroad 
or representative offices neither banking groups with foreign affiliates.  
Page 90 (4.68) "(.) The five largest banks, all foreign -owned, hold more than 80% of the system's 
assets. Almost 80% of bank agencies and ATMs are located in urban areas, around half in 
Maputo."  
 
Question 14 : Which measures has the Mozambican government taken or has planned to take in 
order to stimulate the reduction of banking  concentration?  
 
Page 91 (4.70) "In March 2013, the authorities adopted a Financial Sector Development Strategy 
2013-22, aimed at deepening financial inclusion, which includes measures to enhance competition, 
consumer protection and financial literacy."  
 
Question 15 : What measures shall be applied to increase financial inclusion without increasing 
portfolio risks for financial institutions? How does the Government plan to encourage these 
institutions to change their business models?  
 
Page 91 (4.72) "In 201 4, net bank assets reached 54.5% of GDP. The combined net assets of the 
six largest banks operating in Mozambique increased 22% year -on-year. Average return on equity 
was 20%, although this was higher for the three main banks. Non -performing loans rose by 75% 
from 2013, increasing from 2.19% to 3.03%. Local currency denominated loans increased, 
accounting for 75% of the total loan portfolio in the period, against 73% in 2013."  
 
Question 16 :  Are there specific requirements for collaterals of loans in foreig n currency? If so, 
how is this system of guarantees structured?  
 
Answer:  The credit risk mitigation (CRM) framework implemented does not distinguish 
collateral requirements based on whether loans are in domestic or in foreign currency. 
However, the docum entation used in collateralized transactions and for documenting 
on-balance sheet netting and guarantees must be binding on all parties and legally 
enforceable in all relevant jurisdictions. When the risk position and the collateral are not 
denominated in the same currency, the risk weight of the collateral that substitutes the 
risk weight of the counterparty for the collateralized portion is subject to a 20% floor.  
 
Page 91 (4.77) "Cross -border acceptance of deposits and lending by banks are allowed, but 
lending is subject to restrictions on the period, size, and interest rate of the loan. For the provision 
of these services through the establishment of a commercial presence, the incorporation of a 
company requires authorization, which is granted on a case -by-case basis by the Central Bank. In 
addition, the repatriation of earnings requires the approval of the Investment Promotion Centre 
and registration with the Central Bank. Furthermore, the sale of a branch of a foreign insurer 
requires prior authorizatio n by the Minister of Finance; the establishment of branches of foreign 
insurers seems to be subject to an economic needs test; insurance mediation is reserved for 
Mozambican residents and companies with headquarters in Mozambique; and the majority of the 
members of the board of joint stock insurance companies must be resident in Mozambique. "  
 
Question 17 :  Are there specified timeframes for the Central Bank to grant these authorizations? 
Are these rules public and accessible to all stakeholders?   
 WT/TPR/M/3 54/Add.1  
 
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  CANADA  
Report by the Secretariat (WT/TPR/S/354)  
 
Part 3 Trade Policies and Practices by Measure: (2) Measures Directly Affecting Exports (2) Export 
taxes, charges and levies, page 62, paragraph 3.76 . 
 
The Secretariat’s Report notes that fees on the export of raw and processed timber were 
introduced in 2011 to protect the environment. The Report notes that authorities have indicated 
that these fees were introduced so that forest use is sustainable through revenue collection in 
order to protect the environment, and to promote secondary processing so as to create jobs.  
Question 18 : Could Mozambique provide information on how the revenue collected through 
export fees is used to promote the sustainability of forest resources?  
 
Answer:  In view to promote domestic proce ssing industry aiming at creating more 
employment opportunities, the collected revenue has been channelled to a specific fund 
used for awareness activities for local communities and other stakeholders against wild 
fires. It is also used for reforestation a ctivities such as preparation and establishment of 
nurseries and for planting activities. Part of the revenue is used for acquisition of 
vehicles and other equipment for law enforcement activities.  
 
Part 4 Trade Policies and Practices by Sector: (2) Agricu lture and Fisheries (4) Fisheries, 
page 82, paragraph 4.21  
 
Question  19: The Secretariat’s Report notes that the emphasis of the Government's fisheries 
policy has shifted from exports to production for the domestic market through promotion of 
artisanal fis heries and aquaculture, while also taking measures to contain overexploitation. What 
measures are being taken to minimize overexploitation of fisheries resources?   
 
Answer:  The Government has introduced some measures in order to minimize 
overexploitation of marine resources, which include the termination of issuance of new 
licenses for capture of shrimps, promotion of aquaculture, fishing of others species with 
commercial value, enforcement of legislation on non -fishing season and monitoring.  
 
CHILE  
Infor me: WT/TPR/G/354 (informe de Mozambique)  
2.3 Inversión  
Párrafo 2.11, pág. 4  
“Con la fusión del Centro de Promoción de las Inversiones, la Oficina de las Zonas Económicas de 
Desarrollo Acelerado y el Instituto de Promoción de la Exportación, y la creación de la Agencia 
para el Fomento de la Inversión y las Exportaciones (APIEX), las actividades de inversión y 
promoción de exportaciones han quedado integradas en un solo organismo.”  
Pregunta 20 : para Chile es de gran interés conocer  cómo ha resultado esta fus ión en la 
estrategia de Mozambique para su desarrollo económico y tener antecedentes de cómo esta nueva 
Agencia establecen las prioridades entre las inversiones extranjeras y las exportaciones de 
Mozambique.    
 
Answer:  The establishing of the Agency for t he Promotion of Investment and Exports 
(APIEX) is part of the Governments ongoing actions/ reforms to improve the business 
environment, optimization of resources, as well as of stimulating the promotion of 
private investment and exports, with a view to acc elerating economic growth and 
modernizing the national economy.  
The functions of the new agency are, among others: (i) development and 
implementation of actions to promote and manage processes towards to private and 
public investment awareness/realization,  of national or foreign origin, and (ii) creation, WT/TPR/M/3 54/Add.1  
 
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  development and management of Special Economic Zones and Industrial Free Zones, 
and (iii) the promotion of national exports.  
2.4 Entorno Empresarial  
Párrafo 2.15, pág. 5  
“Se ha establecido una Plataforma E lectrónica Integrada para la Prestación de Servicios cuyo 
objetivo, en una primera fase, es unificar el proceso de concesión de licencias de actividades 
económicas a fin de mejorar los servicios del sistema de ventanilla única en todo el país. La 
Plataform a permitirá también poner en contacto a los distintos actores de diferentes esferas 
económicas y de otra índole, con el objetivo  último de facilitar y reducir los procedimientos, plazos 
y costes para el sector privado y contribuir de este modo al crecimien to económico del país.”  
Pregunta 21 : Al respecto, a Chile le interesa conocer si en dicha plataforma pueden participar 
empresas con domicilio fuera de Mozambique.  
 
Answer: The Electronic Platform is still under development, in view to include on line 
servi ces.  Only then that companies, including those  based in foreign countries, will be 
able to use all the facilities regarding to registration and licencing of economic activities 
in Mozambique on line.  
 
5. Agricultura y Pesca  
 
Párrafo 5.10, pág. 8  
 
“En un  esfuerzo por aumentar la producción, la productividad, los ingresos y la contribución del 
sector pesquero a la economía nacional, el Gobierno aprobó en 2013 el Plan Estratégico para el 
Desarrollo de la Pesca del Atún y en 2008 la Estrategia de Desarrollo de la Acuicultura para el 
período 2008 -2017”.  
 
Pregunta 22 : Para Chile es de gran interés conocer mayores antecedentes sobre esta estrategia, 
sus avances y desafíos, junto con pregunta si Mozambique considera necesario elaborar una nueva 
etapa de dicha est rategia.  
 
9.2 Acuerdos Comerciales y otras Iniciativas preferenciales  
 
Párrafo 9.4, pág. 14  
 
“El 10 de junio de 2016, Mozambique firmó el Acuerdo de Asociación Económica Global con la 
Unión Europea, actualmente pendiente de ratificación por la Asamblea de la República. El proceso 
de ratificación podría tener lugar en 2017.”  
 
Pregunta 23 : sobre el particular, nos gustaría contar con mayores antecedentes en que trámite 
legislativo de Mozambique esta este proceso, y que posibles efectos tendría el Brexit en es te 
Acuerdo.  
 
10. Mozambique en la Organización Mundial de Comercio  
 
Párrafo 10.1, pág. 15  
 
“Después de que el Gobierno lo ratificase el 31 de octubre de 2016 (mediante la Resolución Nº 
26/2016), Mozambique presentó su instrumento de aceptación del Acuerdo sobre Facilitación del 
Comercio de la OMC el 6 de enero de 2017. Además, se han notificado a la OMC todas las 
disposiciones de las categorías A, B y C y se ha creado un Comité Nacional para la Facilitación del  
Comercio.”  
 
Pregunta 24 : en el párrafo se menc iona la Creación de un Comité Nacional para la Facilitación de 
Comercio. Para Chile es una acción muy relevante y nos gustaría conocer sus avances en relación 
a cómo se establece la participación de todos los sectores productivos en dicho Comité Nacional.  
 
Answer: The National Committee for Trade Facilitation is composed by Representatives 
from institutions that play a role in the trade facilitation process. Concerning the 
participation of the private sector, the Confederation of Business Associations of WT/TPR/M/3 54/Add.1  
 
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  Mozambique represents this segment. The Committee is open for participation of any 
stakeholders who can be invited, depending on the issues under consideration in a 
particular session of this Committee.  
 
Informe: WT/TPR/S/354 (informe de la Secretaria)  
 
2.3.4.1. Unión Africana  
 
Párrafo 2.26, pág. 31 -32 
 
“Mozambique es miembro fundador de la Unión Africana (UA), organización sucesora de la 
Organización de la Unidad Africana (OUA) cuyo objetivo es la creación de una unión económica y 
monetaria. Bajo los auspici os de la OUA (y actualmente de la UA), el Tratado de Abuja de 1991 
estableció la Comunidad Económica Africana (CEA) y previó un proceso de seis etapas y 34 años 
de duración destinado a la creación de un mercado común africano basado en la coordinación y 
armonización de medidas arancelarias y no arancelarias entre diversos grupos comerciales y 
subregionales (o comunidades económicas regionales). En 2008 se iniciaron las negociaciones para 
establecer hacia 2015/2016 una zona de libre comercio tripartita ampli ada que abarcaría a los 
miembros del Mercado Común del África Meridional y Oriental (COMESA), la SADC y la Comunidad 
del África Oriental (CAO). Mozambique no se unió al acuerdo de creación de una zona de libre 
comercio, firmado en junio de 2015 por algunos  de los Estados miembros tripartitos. Actualmente 
está a la espera de que finalice un estudio en que se identifiquen las posibles repercusiones 
económicas que su firma tendría para Mozambique; está previsto que los resultados definitivos 
estén disponibles a finales de 2016.”  
 
Pregunta 25 : en el párrafo citado se menciona que Mozambique no se unió al acuerdo de 
creación de una zona de libre comercio, firmado en junio de 2015 por algunos Estados miembros 
tripartitos. Para Chile es de gran interés de conocer e l estado de avance del estudio el cual está 
identificando las posibles repercusiones económicas que tendría para Mozambique participar de 
esta Zona tripartita.  
 
2.3.4.3 Relaciones con los Estados Unidos  
 
Párrafo 2.31, pág. 32  
 
“Los Gobiernos de los Estados  Unidos y Mozambique firmaron en 2015 un Memorando de 
Entendimiento sobre la asociación "Trade Africa" en el que identificaron conjuntamente los 
siguientes ámbitos de cooperación y asistencia técnica: facilitación del comercio; medidas 
sanitarias y fitosan itarias (MSF); obstáculos técnicos al comercio (OTC); y políticas para promover 
el comercio regional y atraer la inversión. El Memorando sirve de base para la prestación de 
asistencia técnica y la creación de capacidad.”  
 
Pregunta 26 : con respecto al párra fo mencionado, a Chile le interesa conocer esta experiencia de 
trabajo conjunto y las áreas de trabajo que se han realizado hasta la fecha. Chile ve con interés 
este proceso, ya que el año 2016 Chile presento una propuesta de Memorándum de Entendimiento 
en materias comerciales e inversiones.  
 
Answer: Mozambique received the proposal of the Memorandum of Understanding on 
Trade and Investment.  As already mentioned due to language issue, the document is 
being translated into Portuguese, and only after that, is  when the proposal will be 
subject to analysis and consideration. Upon due consideration, of the proposal we will 
revert to the Government of Chile accordingly.  
 
CHINA  
Questions based on Report by the Secretariat (WT/TPR/S/354)  
Summary ， Para 3  
“For most of  the review period, Mozambique appeared to be enjoying a natural gas -fuelled boom 
until the disclosure in April 2016 of secret loans to the Government, which resulted in the IMF and 
other donors suspending financial support. The Mozambican authorities are currently engaged in 
discussions to resume financial support.”  WT/TPR/M/3 54/Add.1  
 
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Question 27 : Has the IMF ever signed any new agreement with Mozambique in 2016? If yes, 
what’s the main content of the agreement?  
 
Answer:  There is no new agreement signed between IMF and Mo zambique. However, 
the Government is in discussions with the IMF for approval of a new program for 
technical and financial assistance to Mozambique. It is expected that the new 
programme will be approved.  
  
Question 28 : Has the IMF resumed financial suppor t for Mozambique currently?   
Answer:  The IMF has not yet resumed any financial support for Mozambique.  
 
Page 67, Para 3.89  
“Mozambique promulgated its first historic Competition Law (Law No. 10/2013 of 11 April 2013) in 
2013, and its implementing regulat ions in 2014 (Decree No. 97/2014 of 31 January 2014). This 
Law was the first step in Mozambique's efforts to establish a modern regime on competition as 
envisaged in Resolution No. 37/2007 of 12 November 2007, described in Mozambique's previous 
Review.“  
Question 29 : Please introduce the relationship between the Competition Law and other sectoral 
regulatory laws.  
 
Answer:  The sectoral regulators cooperate with the competition Authority that oversees 
all the competition aspect. The sectoral regulators must c ooperate bringing information 
or participating in the investigation (article 7 of the Competition Law).  
 
Page 67, Para 3.90  
 
“Decree No. 37/2014 of 1 August 2014 approved the Organic Statute of the Competition 
Regulatory Authority (ARC) to enforce the prov isions of the Competition Law. The ARC, once 
operational, will have authority to supervise, regulate, investigate and sanction, and will also be 
required to coordinate its activities with other regulatory authorities in the application of the Law 
(currentl y the Bank of Mozambique, the Communications Institute of Mozambique, the National 
Petroleum Institute, the Water Regulation Council, the National Institute of Civil Aviation, the 
National Institute of Insurance Supervision, the National Institute of Land Transport, the National 
Naval Institute, and the Institute of Information and Communications Technologies).”  
 
Question 30 : Please explain the relationship between the law enforcement authorities and the 
division of labour between these authorities.  
 
Answer :  The sectorial regulators assure that the industry work according with the 
regulation of its sector, which includes law, decree and regulation approved by the 
regulators. In the event the sectorial regulators find any antitrust behaviour, they 
inform the  Competition Authority to act, doing investigation and fining the companies.  
 
Question 31 : How does the Competition Regulatory Authority (ARC) coordinate its activities with 
other sectoral regulatory authorities in the investigations?  
 
Answer:  It is an un derstanding that this will be a practical issue when the Competition 
Authority starts. However, it may request data from the sectoral regulatory entities and 
request specialists to help on those markets that require more expertise to investigate 
any antitr ust conduct.  
 
Page 67, Para 3.92  
 
“Under the Law, prohibited anti -competitive practices include: horizontal agreements between 
competitors which aim to, or have the effect of, impeding, distorting or restricting competition; 
vertical agreements between com panies and their customers and suppliers; and the abuse of 
dominant position by a dominant enterprise.”  
 WT/TPR/M/3 54/Add.1  
 
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  Question 32 : Please specify the applicable standards, working procedures and typical cases of the 
exemption of monopolistic agreements and abuse of dom inant market positions.  
 
Answer:  According to the Competition Law the companies must submit the application 
for exemption clarifying the type of exemption they require. The Competition Authority 
will examine according to the law and economic analysis.  
 
EUROPEAN UNION  
WT/TPR/S/354 – WTO Secretariat's Rep ort 
 
1 ECONOMIC ENVIRONMENT  
 
1.3.2 Foreign direct investment (FDI)  
 
Paragraph 1.24, page 22  
 
FDI and growth both decreased in 2016 for various reasons, at the same time Mozambique´s ease 
of Doing Business ra nking showed no progress, concerted efforts are required to improve the 
business environment.  
 
Question 33 : What are the main reforms to improve the ease of doing business and investment 
climate?   
 
Answer:  The main reforms to improve a business environme nt are:  
 
1.   Starting a business indicator:  
 
a. Amendment of the Commercial Code;  
b. Streamlining of the e -BAU (electronic platform) aggregating the 
interoperability;  
c. Reviewing of the simplified license regime to introduce zero license 
without any cost for the bus inessmen and introduce new activities;  
d. Publishing the bylaws four times a week in the Official Gazette  
 
2.   Getting electricity: streamline the procedure to connect power. Thus, the 
businesspersons exchanges documents interact only with the utility.  
 
3.   Regis tering property:  
 
a. Reviewing od the Deed Property Code;  
b. Conclude the digitalization of the books of register.  
 
4.   Protection minority investor: reviewing Commercial Code.  
 
5.   Getting Credit:  
 
a. Implement the Private Credit Bureau Law and its regulation;  
b. Introd uction of a collateral regime and its central for registration  
 
6.   Enforcing contract  
 
a. Introduction of Mediation Service within the Courts;  
b. Reduction from two to one months the judicial holiday  
c. Reviewing of the Courts fees Code;  
 
7.   Resolving insolvency: app roval of the Regulation on the insolvency law . 
 
The EU notes that national statistics on actual investment stock and flows (not only on announced 
investments) are difficult to come by, even more at a disaggregated level.  
 WT/TPR/M/3 54/Add.1  
 
- 14 - 
 
  Question 34 : Could Mozambique indi cate whether there is any plan to improve the production 
and the publication of FDI statistics?   
 
Answer:  GAZEDA prepares annually, statistical information on investment projects 
approved under the Special Economic Zone/Industrial Free Zone Regime, inclu ding their 
degree of achievement. These data is incorporated in the reports to the Council of 
Ministers on the investment situation in the country.  
 
2 TRADE AND INVESTMENT REGIMES  
 
2.1 General Framework  
 
Paragraph 2.3, page 23 and Table 2.1  
 
Table 2.1 cont ains Mozambique's principal trade -related laws and regulations up to April 2016.  
Mozambique launched the revision of its Labour Law in March this year. The EU considers a 
positive step to update the 10 year old law and to ensure that it answers to current needs and 
context.  
 
Question  35: Could Mozambique inform on the timespan to conclude the on -going revision 
clarifying which were the main drivers leading to the revision?  
 
Answer:  During the current year, the Government will prepare Terms of Reference f or 
reviewing the legislation, in collaboration with social partners, in particular the 
employers´ and employees' associations, Academia, and others stakeholders with the 
understanding and Knowledge of Labour Law. The review itself will take place in 2018. 
The main factors for this review are:  
 
- the need to update the legislation to conform with the current stage of development 
of the country's economy;  
 
- the need to conform the legislation to the ILO Conventions, following the 
recommendations from ILO experts . 
 
2.5 Framework for Business  
 
Paragraph 2.43, page 35  
 
The World Economic Forum has identified the most problematic factors for doing business in 
Mozambique as being: access to financing; an inefficient government bureaucracy; and corruption.  
 
Question 3 6: Could Mozambique clarify whether there is any plan to address this issue?  What is 
the Anti -corruption strategy that the Government intend to adopt?  
 
Answer:  Regarding the access to finance, the main measures are:  
 
1.   Implement the Private Credit Burea u Law and its regulation;  
 
a. - Introduction of a collateral regime and its central for registration,  
 
b. The use of the Stock Exchange to finance the companies.  
 
Bureaucracy is the main focus of the government to assure that decisions are made on 
time with low cost for the citizens. The amendment of the civil servant law is one of the 
measures to assure that in case of non -compliance with the provisions of the law, the 
necessary action can be easily taken in view to fire then.  
 
Regarding the corruption, the role  of the Corruption Unit is very important and there is 
huge evolution on its role. Regularly, the Government promotes actions for awareness 
on that and give to the citizen’s different ways of complaining on corruption acts.  
 WT/TPR/M/3 54/Add.1  
 
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  3 TRADE POLICIES AND PRACTICES BY MEASURE  
 
3.1.4.7 Excise taxes  
 
Paragraph 3.39, page 52  
 
The report mentions that the special inspection regime as set out in Ministerial Diploma 59/2016 of 
14 September 2016 charges higher fees for imported products than for domestically produced 
goods.  This new regime for "control stamps" for alcoholic beverages was notified to the WTO in 
December 2016 (ref. G/TBT/N/MOZ/10) and shall enter into force in various stages throughout 
2017. The European industry has expressed its concerns because it charges h igher prices for the 
stamps for imported beverages than for domestic beverages. The Mozambican authorities have 
committed to amend the legislation to remove the fiscal discrimination.  
 
Question 37 : Could Mozambique clarify when this fiscal discrimination w ill be terminated? Is 
there any legislative initiative in place in this respect?   
 
Answer:  Mozambique is aware of the fiscal discrimination on the implementation of 
stamps on alcoholic beverages.  There is a legislative initiative in course to correct th e 
difference in prices of stamps on imported and domestic alcohol beverages. It is 
expected that the new legislation will enter into force in 2018.  
 
The Decree imposes that the products subject to stamp control, when imported to 
Mozambique must be declare d already stamped. That is, they must be stamped in the 
preceding country. However, we pretend to evaluate the possibility in the future, the 
seals be attached in Mozambique, in bound Warehouses . 
 
Furthermore, it also requires that seals that provide proof  of excise and tax payments are attached 
before importation. European companies are therefore prevented from attaching the seal in 
Mozambique, for instance in bonded warehouses and this works, de facto, as a technical barrier to 
trade.  
 
Question 38 : Could Mozambique clarify whether there are any plans to amend the current 
legislation allowing to attain the pursued objective - that is to address contraband concerns - on 
the basis of a less restrictive regime?  
 
Answer:  The Decree imposes that the products su bject to stamp control, when imported 
to Mozambique must be declared already stamped, what means that they must be 
stamped in the preceding country. However, we pretend to evaluate the possibility in 
the future, the seals be attached in Mozambique, in boun d Warehouses.  
 
3.1.7 Standards and other technical requirements  
 
Paragraph 3.48, page 56  
 
The EU commends the progress that Mozambique's National Institute of Standardization and 
Quality has made in recent years; however, there seems to be room for improve ments as it could 
be considered using the services of the National Institute of Standardization and Quality and 
laboratories to support quality in value chain development.  
 
Question  39: Is the development of quality infrastructure and laboratories being co nsidered in 
value chain development?  
 
Answer:  The National Institute of Standardization and Quality (INNOQ) has made a 
significant improvement regarding the quality infrastructure. However, the testing 
capacity at INNOQ has not yet reached a level that c ould contribute to export or even to 
protect the consumers. For conformity assessment, currently INNOQ relays on 
governmental laboratories mainly those from the Ministries of Agriculture, Sea, Inland 
Waters and Fisheries and Universities. These laboratorie s have limited capacity and in 
some cases, they are not accredited. The other issue is related to geographic location, 
Given the fact that most of them are in Maputo capital city, making it therefore WT/TPR/M/3 54/Add.1  
 
- 16 - 
 
  challenging, mainly for the SME that are located in the northern and central regions of 
the county.  
 
4 TRADE POLICIES AND PRACTICES BY SECTOR  
 
4.5 Services Sector  
 
Paragraphs 4.54 to 4.64, pages 88 to 90 (Telecoms)  
 
The EU welcomes positive developments in the field of Telecommunications in Mozambique, of 
which the new Telecommunications Law entering into force in June 2016 is a major milestone. The 
law addresses some of the sector's most relevant challenges, such as licensing, competition, 
interconnection, the promotion of investment, and quality and affordabi lity of service. Nowadays, 
the main problem is that the fixed -line market is severely under -developed with negative 
consequences at the level of Internet access. One of the reasons for such under -development in 
fixed-line infrastructure is the exclusive li cence granted to TDM (Telecomunicações se 
Moçambique) until 2028, which acts as a de facto barrier to investment in this market.   
 
Question 40 : With the aim of providing incentive for new entrants to compete in the fixed -line 
market, and as such spurring development of fundamental Internet access infrastructure, does 
Mozambique have plans to revoke the exclusivity rights of TDM in the fixed -line market prior to 
2028?  
 
Answer:  The exclusivity rights of TDM were terminated in  December 2007. Being so, 
since  then any interested operator can request licensing for fixed -line operation in 
Mozambique .  
 
4.5.1 Financial services  
 
Paragraphs 4.65 to 4.73, pages 90 -91 
 
The EU welcomes the recent Financial Inclusion Strategy 2013 –2022, which focuses on essential 
areas, such as access to and use of financial services and strengthening of the financial 
infrastructure. The EU understands that cross -border acceptance of deposits and lending by banks 
are allowed, but lending is subject to restrictions on the period, size, and interest rate of the loan.  
 
Question 41 : Given that these restrictions could lead to reduced access to finance for businesses 
and households alike, could Mozambique clarify what the rationale behind such restrictions is and 
whether there is any plans to withdraw these restrictions?  
 
Answer:  The capacity to make assessments over safety and soundness of banks and 
banking groups is progressively being developed by the Central Bank, and this entity is 
concerned with issues like AML/CFT.  
 
As the evaluati on process gets robust and the legislation concerning these issues and 
other is improved and broadened, the Central Bank and other relevant stakeholders in 
the process, will be able to, gradually, remove the restrictions that possibly can hinder 
the access  to finance for businesses and households alike.  
 
WT/TPR/G/354 – Government's Report  
 
2 ECONOMIC ENVIRONMENT AND DEVELOPMENT  
 
2.1 Economic environment  
 
Paragraph 2.1, page 3  
 
The EU agrees with Mozambique's statement that its economy recorded strong grow th. However, 
the EU notes a still high degree of criminal and economic insecurity.  For example, the business 
community, in particular owners of SMEs (local and foreign), continue to be regular victims of 
organized kidnappings. This affects the economy and the confidence levels of small and medium WT/TPR/M/3 54/Add.1  
 
- 17 - 
 
  investors (and job creation). Then, also the economic/financial crisis and default in February 2017 
has affected the business community as a whole.  
 
Question 42 : Could Mozambique present what measures its Governmen t is taking to effectively 
address the situation? Then, what are the Government's prospects to overcome the crisis?   
 
Answer:  Kidnapping is one of the new organized crime phenomena that we are 
currently facing in Mozambique.  To overcome the situation, ear ly this year, in February, 
the Government started the process aimed at restructuring the Criminal Police 
Investigation, by creating a new National Criminal Investigation Service as an 
autonomous institution. In doing so, it's expected to have a State insti tution specialized 
in investigating the different types of  crimes, including kidnapping, and work more 
closely with the Attorney General Office to facilitate the necessary prosecution of the 
criminals involved.  
 
As part of the process, Authorities have be en currently investing in a kind of on the job 
training of the personal and in providing the necessary equipment to facilitate the 
investigation. As result, many criminals, part of several organized crime groups were 
prosecuted and sentenced.  It is suffice  to say that the new Criminal Penal Code 
approved by Parliament in 2014, prescribes a sentence of 20 to 24 years of 
imprisonment for the perpetrators of kidnapping. This is the maximum penalty in 
Mozambique.  
 
3 Investments  
 
Paragraph 2.11, page 4  
 
The repo rt refers to that the investment and export promotion activities have been integrated into 
a single agency, the Agency for the Promotion of Investments and Exports (APIEX).  
 
Question 43:  Could Mozambique clarify when APIEX will become operational, which c hanges will 
take place from the previous functioning and how the agency will function?  
 
Answer:  APIEX is a public institution which purpose is the promotion and facilitation of 
investment, bringing together actions to promote public and private investmen t and 
exports. This Agency will become operational in the second half of 2017.  
 
Paragraph 2.14, page 5  
 
The EU appreciates and welcomes the various initiatives on Private Public Dialogue (DPP) on the 
business environment. Nonetheless, further improvements seem necessary to facilitate the 
business environment. One example is the regulation on the hiring of foreign workers adopted in 
2016, although it contained some positive features such as increasing the duration of short -term 
employment contracts from 1 to  3 months, it also added administrative requirements which make 
it much more complex and lengthy for companies to hire or renew contracts with foreign workers.  
 
Question 44:  Could Mozambique clarify if there are plans to review the regulation on hiring 
foreign labour to ensure that the procedures are less cumbersome and bureaucratic?  
 
Answer:  The Government is preparing the Terms of Reference to review the legislation, 
in collaboration with social partners, in particular the employers´ and employees' 
associations, Academia, and others stakeholders with understanding/   Knowledge of 
Labour Law. The review itself will take place in 2018. The main factors for this are:  
 
- the need to update the legislation to conform with the current stage of development 
of the  country's economy;  
 
The need to conform the legislation to the ILO Conventions, according to the 
recommendations from ILO experts.  
 WT/TPR/M/3 54/Add.1  
 
- 18 - 
 
  7 MANUFACTURING  
Paragraph 7.2, page 10  
 
Regarding public funded agro -industrial complexes throughout the country, several a ppear to lack 
connection to supply of water and electricity which is a considerate constraint; the EU is of the 
view that more should be done to connect and provide agro -industrial complexes with water and 
electricity.  
 
Question 45 : Could Mozambique clari fy whether there are any projects in the pipeline for 
improving the connection to supply of water and electricity of the public funded agro -industrial 
complexes?  
 
Answer:  As part of the implementation of our   Five -Year Program 2015/2019, the 
Government has undertaken, in 2016 a set of actions aimed at increasing energy 
availability, as well as improving the quality and reliability of supply to consumers as 
well as to economic undertaking, which include agro -industrial complexes.   
 
KENYA  
ECONOMIC ENVIRONM ENT 
1. It is noted from the Secretariat Report that the extractive industries have been the most 
dynamic sector in the economy for the past few years, however, its contribution to growth remain 
limited as a result of infrastructure constraints among other factors.  
Question 46 :  Kenya would like to know if there are any specific policy measures that the 
Government of Mozambique is implementing in order to address infrastructure constraints so as to 
maximize the contribution of the extractive industry to the growth of the economy.   
2. The Secretariat Report indicate that the authorities reported that the Government was 
preparing a new Trade Policy and Commercial strategy to be finalized and issued by end of 2017 to 
replace the current 1998 strategy.  
Question 47: Kenya would like to know the status of progress in the finalization of the new 
strategy. What are the salient areas of emphasis of the new strategy?   
Answer:  A tender was launched to find a consultant with whom to work to update this 
Trade Policy and Strategy.  
 
TRADE POLICIES AND PRACTICES BY MEASURE  
3. It is noted in the Secretariat Report that Mozambique’s imports of horticultural products are 
subject to reference prices whereby during the harvest season, reference prices are maintained at 
high leve l. Outside this period, reference prices could be lowered in order to encourage importers 
to meet the supply deficit.  
Question 48 : Can the Government of Mozambique provide more information on the reference 
prices during the period under review including t he specific products that are subjected to import 
reference prices.  
 
4. There are tariff lines (at the HS eight -digit level) related to NAMA products where applied 
rates exceed the bound rate ( See page 43, Table 3.7 of the Secretariat Report ).   
Question 4 9: Could the Government of Mozambique provide information on why the bound rates 
for these products were exceeded and if there are plans to rectify since it contravenes WTO 
commitments.  
 
Answer:  We thank very much for the identified issue which is a dive rgence that has 
already been noticed. Mozambique will take them into consideration for the necessary 
amendments.  
 WT/TPR/M/3 54/Add.1  
 
- 19 - 
 
  TRADE POLICIES AND PRACTICES BY SECTOR   
5.  The agriculture sector accounts for a quarter of the GDP and is a driver of Mozambique’s 
robust growth with an estimated 86% of the people depending on agriculture as their primary 
means of subsistence. However, the full potential of this important sector has not been realized 
due to low productivity.   
Question 50 : Kenya would like to know the steps  that being taken by the Government of 
Mozambique in order to address issue of low productivity in agriculture sector.  
 
Answer:  To address low productivity, the Government   has already developed some 
programs that aim to change the status quo. These prog rammes are in line with the 
production function.  Mozambique is expanding its irrigated areas from less than 40 
thousand in early 2000 to more than 60 thousand currently.  In 2015 the government 
started to implement the National Agricultural Mechanization Program, valued at US $ 
32.3 million. 87 Agrarian Service Centres were established and operationalized 
throughout the country. They contribute to improve the soil preparation and expansion 
of agriculture area.  Additionally, the extension service increases  the coverage to almost 
all the country and with assistance of cooperation partners. In 2015 was introduced 
program e -voucher for inputs (2015 -2018)), which has benefited 25,000 families. The 
program aims to not only enhance the productivity but also encou rage agro -dealers to 
sell inputs in the production centres.  
 
NORWAY  
We appreciate Mozambique’s support, as both member of the ACP and the LDC group, of the 
negotiations on fisheries subsidies.  
 
Question 51 : We would be interested to know whether the gover nment has or is giving subsidies 
to its fishing fleet, whether industrial or artisanal, either directly or indirectly. We note that the 
Strategic Plan for the Development of Tuna Fishery in 2013 lasts until 2017. Did this include a 
subsidy policy?  
 
Answer:   Aiming to strengthen the capacity of the fisheries sector, mainly the artisanal 
sector, within its limited capacities, the Government has devoted efforts in view to lend 
support to the fisheries’ sector.  
Question 52 : How is artisanal fishing defined in M ozambique? How far out to sea can they go? As 
artisanal fishing amounts to 90 of the tonnage taken, does any of the catch go to exports?  
 
Answer:  Small -scale fishing are all fishing operations locally based and are 
characterized by the use of vessels wit h a maximum length of 10 meters, using ice for 
conservation, and engines with a power not exceeding 100 HP. If equipped with 
mechanical means they can go up to 6 miles, differently, they can go up to 3 miles of the 
coastal line.  
 
Question 53 : Will there b e a new strategic plan for tuna and/or for other types of fisheries, 
including artisanal?  
 
Answer:  There will be the revision of the current tuna strategy.  
 
Question 54 : As artisanal fishing amounts to 90 of the tonnage taken, does any of the catch go 
to exports?  
 
Answer:  The biggest share is for domestic consumption. However, a small part of the 
catch is exported.  
 
Question 55 : More shrimp (an export product) are caught by artisanal than by commercial 
fishing, so does artisanal catch also go to the lar ger markets?  
 
Answer:  It is also exported to SADC and Asian markets.  WT/TPR/M/3 54/Add.1  
 
- 20 - 
 
   
Major depreciation of the Metical has increased the competitiveness of Mozambican tradables. 
However, the ability of companies to respond to this opportunity appears limited due to 
problematic business conditions, notably corruption, cumbersome bureaucracy and access to 
financing, ref. WEF and WB rankings and the Secretariat report p. 35 – 2.43. 
 
Question 56 : What measures does the Government plan to take to improve the business 
conditi ons?   
 
Answer:  The main reforms to improve the business environment are:  
 
1. Starting a business indicator:  
 
a.   Amendment of the Commercial Code;  
b. Streamlining of the e -BAU (electronic platform) aggregating the     
interoperability;  
c. Reviewing of t he simplified license regime to introduce zero license 
without any cost for the businessmen and introduce new activities;  
d.  Publishing the bylaws four times a week in the Official Gazette  
2. Getting electricity: streamline the procedure to connect power.  Thus the 
businessmen exchanges documents interact only with the utility.  
 
3. Registering property:  
 
a.   Reviewing od the Deed Property Code;  
b.   Conclude the digitalization of the books of register.  
4. Protection minority investor: reviewing Commercial Code.  
 
5. Getting Credit:  
 
a.   Implement the Private Credit Bureau Law and its regulation;  
b.   Introduction of a collateral regime and its central for registration  
6. Enforcing contract  
 
a.   Introduction of Mediation Service within the Courts;  
b.   Reduction from two to one months the judicial holiday  
c.   Reviewing of the Courts fees Code;  
7. Resolving insolvency: approval of the Regulation on the insolvency law . 
 
The African Union recently hosted a round of negotiations on moving towards an African Co mmon 
Market (CFTA).   
 
Question 57 : How does the Government view the progress of the negotiations and which 
opportunities does the Government envisage that the CFTA may open up for Mozambique?   
 
Answer:  The negotiations on CFTA are progressing and when t he CFTA is concluded, this 
will enlarge our market opportunities.  
 
Business Climate restrictions are reported by Norwegian companies operating in    Mozambique, 
especially with regards to financial transfer and use of skilled foreign personnel .   
 WT/TPR/M/3 54/Add.1  
 
- 21 - 
 
  Labour Law (Law No. 23/2007 of 1 August) and its subordinate regulation (Decree no. 55/2008 of 
30 December) establishes that hiring foreign citizens beyond the quota is subject to authorization 
by the Minister. The quota is 10 % for companies with less than 10 wo rkers, 8 % for companies 
with 10 - 100 workers, and 5 % for companies with more than 100 employees. This hampers trade 
and potential investments.  
 
Question 58 : Does the Government have any plans to revisit relevant legislation to make it more 
attractive to  invest in Mozambique?  
 
Answer:  The Government is preparing the Terms of Reference to Review the Labour 
Law. It is  important that any matters that constitute obstacles can be included in this 
process.  
 
However, it is also important to assure that Mozambi que hire foreign workers that are 
necessary for the country and with a clear methodology for the transfers of know how.  
 
The Foreign Exchange Law (Law No. 11/2009 of 11 March and its subordinate regulation (Decree 
No. 83/2010 of 31 December) makes the requ irement that companies remit their earnings from 
export to Mozambique and convert 50 % thereof to local currency. This represents an obstacle to 
trade and investment, and is often referred to as an “export surrender” requirement.  
 
Question 59 : Will the Gov ernment consider making revisions so as to make Mozambique more 
attractive to foreign investors and to facilitate trade?  
 
Answer:  The concern has been noted and it will be taken into consideration in the 
process of improving the business environment.  
 
SINGAPORE  
PART I:  QUESTIONS R EGARDING THE SECRETARIAT REPORT  
 
2 Trade and Investment Regimes  
 
Page 30 (Para 2.26)  
 
1. We note that Mozambique has launched a study to identify the possible economic impact 
of its entry into the Tripartite Free Trade Area (FTA) .  
 
Question 60 :  Could Mozambique share with us the key conclusions of its study?  
 
Answer:  The study has been done and the Government will soon appreciate the 
conclusions and recommendations of the referred study.  
 
KOREA, REP. OF  
Page 31 (Para 2.4.1) : Legal and Regulatory Framework for investment  
 
In order for foreign investors to remit profits outside of the country and re -export invested capital, 
a minimum value of foreign direct investment (FDI) of Mt2.5 million is required. Otherwise foreign 
investor s must meet one of the following three requirements: (a) generate an annual sales volume 
of not less than three times Mt2.5 million as from the third year of operations; (b) register annual 
exports of goods and services with a value equivalent to Mt1.5 mil lion; or (c) create and maintain 
from the second year of operation direct employment for at least 25 Mozambican nationals who 
are registered with the social security system.  
 
Question 61 : Could Mozambique please explain why a minimum value of investment of  Mt 2.5 
million is required for foreign investors to remit profits outside of the country and re -export 
invested capital?  
  WT/TPR/M/3 54/Add.1  
 
- 22 - 
 
  Answer:  The investment Law 3/93, of 24 June, sets a number of objectives, among 
other, the following:  
a) the development, rehabilit ation, modernization or expansion of economic 
infrastructure for the operation of productive activities or for rendering services 
necessary for supporting productive economic activities and promoting the 
country´s development;  
 
b) the expansion and improve ment of national production capacity;  
 
c) the creation of jobs for national workers and the raising of professional skill 
levels of the Mozambican labour force;  
 
d) the increase and diversification of exports;  
 
e) the rendering of productive services and o f those generating foreign 
currency;  
 
f) the reduction and substitution of imports;  
 
g) direct or indirect contribution towards improving the balance of payments 
and government budget revenue;  
 
The minimum value of foreign direct investment set at 2.5 mill ion meticais and the other 
alternative requirements stipulated by the Regulation of the Investment Law, for the 
purpose of eligibility for the remittance of profits and re -exported invested capital, were 
defined as performance requirements in order to meet  the basic guiding principles and 
investment objectives set above.  
 
The minimum value of 2.5 Million meticais is not mandatory. The investor can use or opt 
to use the alternative requirements set by the Regulation, which are aligned with the 
investments o bjectives, clearly sated by the regulation, that may be based on  the 
following : 
 
a)  annual sales volume;  
 
b)  annual exports of goods and services with minimum value established; or  
 
c)  create and maintain from the second year of operation, direct emp loyment 
for at least 25 Mozambican nationals who are registered with the social security 
system.   
 
Question 62 : Could Mozambique please reconsider the alleviation of the requirements for the 
remittance of profits and its withholding tax, considering the b urden for small companies and the 
issue of double taxation?  
 
Answer:  The alleviation of the requirements for the remittance of profits and the 
withholding tax, including the double taxation treaty, are matters that need a 
coordinated approach with relevan t entities, namely the Revenue Authority and Central 
Bank. The question has been noted and will be taken for further consideration by those.  
 
Government Report /Other Questions  
 
Question 63 : In case of staffs of the foreign invested company, they are issued  only one month 
valid visas by the government of the Mozambique. In this regard, they have to go to other country 
and re -enter to Mozambique every month until they acquire permanent resident card (DIRE). 
Could Mozambique please extend the validation of vis a for the staffs of foreign invested company 
up to 3 months?  
 
Answer:  According to Immigration Regulations, foreigners are allowed to stay up to 3 
months in Mozambique. The foreign staffs can get a Business Visa, which allow staying 
in the country for 30 days. It can be extended up to 60 days. They are not required to WT/TPR/M/3 54/Add.1  
 
- 23 - 
 
  leave the country during these 3 months period. Nevertheless, the Government 
approved a new Decree, which will provide a more flexible visa regime to investors, staff 
and their family (the De cree is under process of publication at Official Gazette). We will 
soon provide the details of this new visa regime.  
 
UNITED STATES  
PART I:  QUESTIONS ON THE SECRETARIAT REPORT (WT/TPR/S/353)  
 
SUMMARY  
 
Page 5, paragraph 2:  Please explain the exact objecti ves of the Mozambican Government’s 
Strategy for the Improvement of the Business Environment in Mozambique 2013 -2017 (EMAN II) 
(“Strategy”)?  Specifically, please reply to the following:  
 
Answer:  The actions of EMAN II Strategy are focused on two main macr o objectives:  
 
1. the simplification of the business cycle; and  
2. improving competitiveness  
 
 
Question 64 : What concrete steps are being taken by the Mozambican government to stimulate 
growth of micro, small, and medium enterprises?  
 
Answer:  To undertake ref orms regarding to the opening and formalization of 
companies. These reforms are related to saving time for obtaining licenses; 
standardization and concentration of the requirements for the formalization of a 
business. For this purpose, a software applicati ve was developed.  
 
Through the Institute for Promotion of Small and Medium Enterprises, IPEME, actions 
are being carried out that promote and encourage micro, small and medium scale 
entrepreneurship initiatives. These efforts are done through grants, subsi dized credit 
lines, training to improve the quality of service provision, and agreements with financial 
institutions to support such initiatives.  
 
Question 65 : How are the reforms around this Strategy being implemented?  What Ministries and 
other actors ar e involved in coordinating and/or undertaking those reforms?  
 
Answer:  The Council of Ministers and the Prime Minister supervise the implementation 
of the Strategy. Due to the nature of the activities, there is a Steering Committee 
coordinated by the Minis try of Industry and Trade, the Inter - Ministerial Group for the 
Removal of Investment Barriers, GIRBI, which monitors the implementation of the 
EMAN. At the provincial level, the Steering Committees are led by the Provincial 
Governors, and they are referre d as Provincial Inter -sectorial Groups -GIP. 
 
Question 66 : How is this Strategy addressing concerns (e.g., bureaucracy) of the private sector?  
Does it include discussion platforms?  
 
Answer:  The implementation and management structure of this Strategy incl udes the 
private sector, as part of the implementation and monitoring process.  
 
Question 67 : How is the implementation of this Strategy being tracked down?  
 
Answer:  There is an electronic tool to monitor this strategy, the SIMEMAN Platform 
(Strategy monit oring system for improving the business environment). With this tool, it 
is possible to measure the degree of execution of the actions and produce information 
with impact to private sector.  
 
This tool is backed by the sectors with responsibility for implem enting the EMAN, 
including the private sector. It produces monthly, semi -annual and annual 
statistical/quantitative reports. Then, the Ministry of Industry and Trade prepares an WT/TPR/M/3 54/Add.1  
 
- 24 - 
 
  analytical/qualitative report which is sent to the Council of Ministers and sh ared with 
the civil society.  
 
Page 8, paragraph 17 :  The Secretariat’s Report notes that Mozambique requires the use of 
customs brokers and pre -shipment inspection requirements.  Those practices are prohibited under 
the WTO Trade Facilitation Agreement (TF A), which Mozambique has ratified.  
 
Question 68 : Please identify what plans Mozambique has to remove those requirements.   
 
Answer:  Mozambique is aware of the obligation under the implementation of the WTO 
Agreement on trade Facilitation. According to the  Category of this obligation, for 
Mozambique, PSI is under category “C”. However, Mozambique has already opened a 
window, where regular importers/exporters can be registered within the Single Window 
System and process the documents and release the goods wi th no need to use any 
Customs Broker.  
 
Page 9, paragraph 25 and Page 62, paragraph 3.75 :   
 
Question 69 : The Secretariat’s Report notes that Mozambique continues to apply an 18% export 
tax on raw or unprocessed cashew with the goal of encouraging domestic processing and 
promoting employment.  However, given that the production of cashew has declined significantly 
in recent years with follow -on negative effects for processors as well as producers, does 
Mozambique have any plans to review this export tax and,  if so, with what goal and timeline?   
 
Answer:  Mozambique is currently reviewing this legislation on unprocessed cashew 
export tax and its expected that it will be concluded early 2018.  
 
Page 10, paragraph 31 :  The Secretariat’s Report notes that Mozambi que joined the Berne 
Convention for the Protection of Literary Artistic Works and the Marrakesh Treaty to Facilitate 
Access to Published Works for Persons Who are Blind, Visually Impaired or Otherwise Print 
Disabled in 2013.  
Question 70 :  Please clarify if  Mozambique has plans to join any additional WIPO agreements on 
copyright such as the WIPO Performances and Phonograms Treaty (WPPT) or the WIPO Copyright 
Treaty (WCT)?  
 
Answer:  Mozambique, through ratification of the Berne Convention in November 2013, 
is an Integrant Part of WIPO, in the area of Copyright and Related Rights. At the 
moment, the intention is to ratify the Marrakesh Treaty and to establish closer relations 
with WIPO, in order to stagger ratification of other Treaties that may be appropriate.  
 
Page 11, paragraph 38 -39:  The Secretar iat’s Report references the Telecommunications Law (Law 
No. 4/2016), which seems to take concrete steps to improve services and reduce costs of mobile 
networks.  However, the country remains without regulations to allow the growth of mobile money 
as an add itional means of providing limited banking services to rural Mozambicans.  
 
Question 71 : Please explain when Mozambique will publish mobile money regulations.   
 
Answer:  The existing regulations for telecommunications and financial services are 
enough to regulate mobile money services. In fact, the existing 3 mobile operators are 
operating mobile money services that are growing at rapid pace. The financial service 
regulator has relaxed the requirements for subscribers to have mobile money accounts 
and we b elieve they are satisfactory, as both mobile operators as well as subscribers are 
not complaining.   
 WT/TPR/M/3 54/Add.1  
 
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  3 TRADE POLICIES AND  PRACTICES BY MEASURE  
 
3.1 Measure Directly Affecting Imports  
 
3.1.1 Customs procedures and requirements  
 
3.1.1.1 Pre -shipment inspect ion 
 
Page 39, paragraph 3.12 : 
 
Question 72 :  Please clarify what Mozambique’s plans are to phase out Pre -Shipment Inspection, 
as the current contract with Intertek was extended through December 2017.  
 
Answer:  Mozambique is aware of this obligation under the implementation of the WTO 
Agreement on trade Facilitation. According to the Category of this obligation, 
Mozambique follows under category “C” with not more than five years to implement it. 
Mozambique is now expecting to receiving the necessary technic al assistance as 
prescribed on the Agreement.  
 
Many traders are complaining about different fees charged in the import and export processing 
weakening the Mozambique competitiveness. These fees are not charged based on the service 
provided, but volume of t rade.  This includes fees for scanning, export terminals, single window 
and PSI.  
 
Question 73 : Please identify the Government’s plans to streamline and reduce these costs in line 
good international practices  
 
Answer:  Regarding PSI, this will be revised u nder the implementation of the WTO 
Agreement on Trade facilitation.  
 
Regarding the fees for scanning, Single Window and Export Terminal, the Government 
option on the public Private concessions is because of the budget constrain and reduced 
funds for these activities.  
 
Mozambique is working towards consideration of the claim that the fees that the 
charged are considered higher. There are negotiations taking place with the 
concessionary parts as to verify at what extent these fees can be revised and make the  
price accessible for the traders.  
 
3.1.7 Standards and other technical requirements  
 
Page 8, paragraph 13 : The Secretariat’s Report note that while steps have been taken to 
improve its record on making notifications to the WTO, notification issues remain outstanding in 
various areas.   
 
Question 74 : Since the last TPR, please describe in detail what, if any, technical assistance 
Mozambique has sought and received related to improving its WTO notifications.  
   
Answer:  Mozambique has received technical ass istance in: stakeholder awareness 
seminars are undertaken on the functions of the enquiry point benefits of accessing 
information from the enquiry point;  TBT meeting National Committee.  
 
In addition has sought technical assistance on twinning the enquiry p oint staff with 
congener institution to get practical side of the enquiry point/notification process. 
Capacity building to the regulators in matters of technical barriers to trade.  
 
Question 75 : In addition, Mozambique is part of the EU -SADC Economic Partn ership Agreement.  
Please clarify whether Mozambique is receiving any related technical assistance here with regards 
to its notifications, particularly on WTO TBT notifications.  WT/TPR/M/3 54/Add.1  
 
- 26 - 
 
   
Answer:  Regarding EU -SADC Economic Partnership Agreement Mozambique have no t 
received  technical assistance however it is part of SADC -TRF project that has just been 
approved by SADC secretariat it is due to be implemented by Mozambique government.   
 
3.1.7 Standards and other technical requirements  
 
Page 57, paragraph 3.52 :  As noted in Mozambique's previous Review, demands for voluntary 
standards typically originate in the private sector, via the Confederation of Economic Associations 
(CTA), and are communicated to the INNOQ.  The INNOQ has a three -year strategic plan for 
standa rd setting, which it develops in consultation with stakeholders. Proposed standards are 
considered by one of the INNOQ's five sectoral technical committees.  
 
Question 76 : Please explain whether there are any restrictions or exceptions to foreign 
industry/ stakeholders and the foreign private sector participating in the CTA and technical 
committees.  
 
Answer:  The Technical Committees (TC) are comprised of different stakeholders from 
private sectors, public institution, researchers, business organizations and  other 
interested parts within the country. Stakeholders’ participation is independent from 
being or not a member of CTA although being advisable to work with business 
community organized in associations or other forms. The foreign industry/stakeholders 
participation in TC is subject of their established in the country (operating locally); 
otherwise, they cannot be allowed to do so.  
 
Furthermore, regional standards from the SADC, the ARSO, the EAC, and the EU may also 
constitute a source for the development  of Mozambican standards.  
 
Question 77 :  Please explain whether standards developed by the U.S. standard setting bodies 
can be a source for the development of Mozambican standards.  If so, what is the process to have 
them considered?  
 
Answer:  Standards fr om any source (including from the U.S.) than international 
standard setting bodies or SADC Standard Cooperation on Standardization SADCSTAN 
may be used as reference material (bibliography), cannot be adopted as they are as 
Mozambican standards.  
 
Finally, a fter approval of voluntary standards, the INNOQ gazettes them annually or whenever 
necessary.  As of 2015, there were 915 approved Mozambican standards.   
 
Question 78 : Please identify where interested persons can obtain copies of the 915 approved 
Mozambic an standards.  
  
Answer:  The approved standards can be obtained at INNOQ’s headquarters. INNOQ has 
got a library where national and international are stored and sold. Any interested part 
may approach the library officer to get a copy of any approved standa rds, and if 
necessary, to buy for future use. INNOQ is currently working in order to make standards 
more accessible to stakeholder located far from Maputo through electronic means.  
 
Page 57, paragraph 3.54 :  Information was not available in the Secretariat ’s Report regarding the 
number of technical regulations in force.  As indicated in Table 3.19, Mozambique has notified five 
technical regulations to the WTO.  It has also notified its 2003 Quality Policy and Implementation 
Strategy and its 2003 Industrial Licensing Regulation.   
 
Question 79 : Please identify when Mozambique plans to centralize its regulations so as to provide 
information to interested stakeholders on all its technical regulations.   
 
Answer:  Mozambique plans to centralize all technical regu lation in 2 years  
 
3.1.8 Sanitary and Phytossanitary requirements  
Page 60, paragraph 3.67 :  The Secretariat’s Report states that “A new decree on GMOs entered 
into force in 2014 (Decree No. 17/2014).”  WT/TPR/M/3 54/Add.1  
 
- 27 - 
 
  Question 80 : Please provide a copy of this decree.  
 
Answer:  Related Legislation will be provided later . 
 
3.3 Measures Affecting Production and Trade  
 
3.3.4 State trading, state -owned enterprises and privatization  
 
Page 69, paragraph 3.100 :  The Secretariat's Report states that Mozambique last notified the 
Working Party on State Trading Enterprises in 2009 and that the notification stated that 
Mozambique did not have any state trading enterprises.  At the same time, the Secretariat's 
Report also indicates that there is at least one entity, National Sugar Distr ibutor that may qualify 
as a state trading enterprise, as defined in paragraph 1 of the Understanding on the Interpretation 
of Article XVII of the General Agreement on Tariffs and Trade 1994.  
 
Question 81 :   Please explain why this entity has not been noti fied previously and clarify whether 
Mozambique will need to amend its notification.  In addition, given that Mozambique has not made 
a notification since 2009, despite have a biennial requirement to do so, please identify when 
Mozambique will make its next  required notification(s).  
 
Answer: The necessary attention will be taken to  look at this issue and act accordingly.  
 
Page 70, paragraph 3.102 :  Regarding SOEs, the report notes that during 2016, 45 state -
participated companies and 15 public enterprise c ompanies were evaluated as part of this process, 
with 27 being elected for restructuring.  At the same time, 40 non -strategic companies have been 
earmarked for liquidation.  
 
Question 82 : Please provide an update on the liquidation of the 40 non -strategic companies and 
the restructuring of the 27.   
 
3.3.4 Government Procurement  
 
Page 70, paragraph 3.104 :  Mozambique is neither an observer to, nor a member of, the WTO’s 
Agreement on Government Procurement (GPA).   
 
Question 83 : Given that observership provi des opportunities to engage with GPA Members on 
government procurement issues more broadly, such as the efforts that Mozambique has made to 
reform its procurement regime, without taking any obligations, has Mozambique considered 
requesting to become an obs erver to the GPA?   
 
Answer:  Mozambique has taken note of this issue for due consideration.  
 
Page 71, paragraph 3.106 :  The Secretariat’s Report notes that Mozambique’s public procurement 
regulations no longer apply to public enterprises or enterprises wh ere Mozambique has an equity 
share.  
 
Question 84 :  Please explain whether Mozambique has plans for legislation relating to the 
procurement by public enterprises.  If so, please provide a timeline for when the new legislation 
will be considered.  
 
Answer:  The Government is preparing specific legislation to govern the functioning of 
public enterprises or enterprises where Mozambique has an equity share, which includes 
specific procurement rules for these enterprises. DNPE/UFSA is not in a position to 
inform  the timeline for the enforcement of the new legislation.  
 
Page 71, paragraph 3.109 :  The Secretariat notes that all procurement procedures must meet 
several criteria including transparency, openness, and information, and that there must be 
adequate adver tising of the intention to contract.  
 
Question 85 :  Please identify the procurement procedures and where the procurement 
opportunities were published.  Please also clarify whether there are electronic sources where such WT/TPR/M/3 54/Add.1  
 
- 28 - 
 
  procedures or opportunities may be f ound.  Finally, please identify any plans for the 
implementation of an electronic procurement system.  
 
Answer:  The contracting entities must publish the following notices, in the most 
adequate media for the access of the interested stakeholders, i.e. noti ce board, 
procurement portal, newspaper, or radio:  
 
- launching of a tender/bid, containing all relevant information for potential interested 
suppliers to access the bidding documents;  
 
- results of the tender evaluation;  
 
- cancelling or invalidation of the ten der/bid;  
 
- suspension of the tender/bid.  
 
DNPE/UFSA makes available for the contracting entities the Procurement Portal 
(www.ufsa.gov.mz ) to publish their tenders/bid notices, and make available bidding 
documents for d ownload.  
      
DNPE/UFSA together with CEDSIF (both under the Ministry of Economy and Finance), 
have established a strategy to implement e -Procurement in Mozambique in the next 3 
years, in a phased process. The Government needs financial and technical assi stance to 
implement the e -Procurement strategy.  
 
3.3.6 Intellectual property rights  
 
Page 73, paragraph 3.113 :  The Secretariat’s Report states that about 50% of the 2008 –2018 IP 
Strategy has been implemented so far.  
 
Question 86 :  Given that there is on ly one year left before the end of the Strategy’s time -frame, 
what are Mozambique’s plans for implementing the rest of the Strategy?  Will Mozambique be re -
evaluating the 2008 –2018 IP Strategy or developing a new 10 -year strategy?  
 
Answer:  Mozambique will  re-evaluate the 2008 -2018 IP Strategy, taking some activities 
note done for the new 10 -year strategy.  
 
Also, one particular plan in the IP Strategy was for the creation of an inter -sectoral commission to 
take action to combat infringement.  
 
Question 87 : Please clarify where this inter -sectoral commission has been constituted.  What is 
the organization, mission, staffing, and resourcing of the commission?  
 
Answer:  The inter -sectoral commission to take action to combat infringement is INAE – 
National Econo my Activities Inspectorate, INAE is a national public institution under the 
Ministry of Industry and Commerce, with the mission of ensuring legality in the exercise 
of economic activities in the areas of industry, commerce, tourism, transportation, 
culture , energy, environment, Mineral resources and services. It was created by the 
Council of Ministries through Decree No. 46/2009 of 19 August.  
 
The operation of INAE is based on resources financed by the State budget.  
 
At national level, INAE has 171 staff me mbers in 11 provincial delegations, of which 25 
are based at Maputo headquarters and 90 are inspectors.  
 
In collaboration with the Industrial Property Institute, the INAE takes action against 
infringement in Mozambique.  
 
Page 74, paragraph 3.115 :  The Secr etariat’s Report notes that Mozambique signed the Marrakesh 
Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or 
Otherwise Print Disabled (WIPO VIP Treaty), in August 2013, and that the “ratification process is 
ongoing.”  WT/TPR/M/3 54/Add.1  
 
- 29 - 
 
   
Question 88 : As part of this ratification process, does Mozambique anticipating amending its 
laws, or will the act of ratification of the treaty be considered “self -executing”?  
 
Answer:  With the signing of the Marrakesh Treaty, Mozambique starte d the revision of 
the Law on Copyright and Related Rights. The Law under review provides for articulation 
regarding the facilitation of access to published works for people with blindness, visual 
impairment or any other incapacitated form. On the other han d, there is an ongoing 
process for the ratification of the Marrakesh Treaty.  
 
3.3.6.1 Industrial property  
 
Page 75, box 3.1 :  In the table entitled, “Key changes introduced by the 2015 Industrial Property 
Code,” it is indicated that there was "Introductio n of the regional trademark registration system" 
and "Incorporation of the protection regime for denominations of origin and geographical 
indications into the Code."  For "Introduction of the regional trademark registration system": 
Please provide backgrou nd information on the functionality of this system and whether there are 
other countries involved in this system.  
 
Answer:  The regional trademark system is called “Banjul Protocol”. It now has 9 
members States, and Mozambique is still to join the system; Mozambique is not yet a 
signatory to the Banjul system and one of the reasons for including the regional 
trademark registration system in the new code is that at a given moment Mozambique 
could become an integral part of the Banjul protocol and thus, not n eeding much time 
for the new Revision of the code.  
 
For "Incorporation of the protection regime for denominations of origin and geographical 
indications into the Code":  
 
Question 89 : Please provide details regarding the following:  
 
a) Does it consist of filin gs by interested parties?   
 
b) Is there examination?  If there is examination, what are the grounds for refusing 
protection?  
 
c) Is there publication for notification?  
 
d) Is there an opposition period/proceeding?  
 
e) Is there cancellation proceeding?  
 
Answer:  
 
 a) Affirmative! The said parties are: Grouping, organization, producers, 
processors, and official industrial property agents. See article 167 of the 
Mozambican Industrial Property Code.  
 
b)  Affirmative! There is. The ground for refusing protection see article s 175 and 
176 of the Mozambican Industrial property Code.  
 
c)  Affirmative! There is. See article 240 (c) of the Mozambican Industrial Property 
Code.  
 
d)  Affirmative There is. See article 178 and 179 of the Moza mbican Industrial 
Property Code.  
 
e)  There is. See articles 22, 23, 24, 25 and 26 of the Mozambican Industrial 
Property Code.  
 
 WT/TPR/M/3 54/Add.1  
 
- 30 - 
 
  3.3.6.1 Industrial property  
 
Page 77, table 3.32 :  The table in the Secretariat’s Report lists IPR fines for infringement of 
patents, industrial designs, counterfeiting, and geographical indications.  It does not include any 
information for fines for copyright infringement.  The Copyright Act 2001 Article 65 says that 
criminal infringement is punishable by “imprisonment and corresponding fine,” but the Act does 
not say wha t this corresponding fine is or how it is determined.  
 
Question 90 : Please provide information regarding the calculation of fines for copyright 
infringement, in -line with the information provided for infringement of other areas of IP in 
Table  3.32. 
 
3.3.6. 2 Copyright and related rights  
 
Page 77, paragraph 3.126 :  The Secretariat’s Report notes that the mission of the National 
Institute of Books and Records (INLD) includes "helping authors to reduce the high level of piracy 
for music."  
 
Question 91 : What s teps is the INLD taking to accomplish this mission?  What has INLD seen in 
terms of success stories and, separately, challenges in connection with this mission?  
 
The Secretariat Report also notes that the mission of the INLD includes "promoting protection  for 
crafts."  
 
Question 92 : What steps is the INLD taking to accomplish this mission?  ‎Are there any plans to 
expand the work of the INLD or the Ministry of Culture and Tourism to help protect other types of 
copyrightable works?  
 
Answer:  One of the attributions of the National Directorate of Cultural and Creative 
Industries is the Promotio n of Regulatory Norms of Commerce and Free Circulation of 
Works of Art and Crafts. With the approval of the Regulation on the Licensing and 
Mandatory Stamp enter in force, we will guarantee the protection of the works and the 
rights of the author.  
 
In rela tion to the promotion of handicrafts, the Board has encouraged and supported the 
producers and promoters to hold and participate in national and international handicraft 
fairs.  
 
The Secretariat’s Report identifies the Ministry of Culture and Tourism as bei ng responsible for 
“advising on copyright policy and improving the legal framework.”  The 2008 –2018 IP Strategy, in 
paragraph 6.7.1, identified plans to set up an interministerial commission to draft and harmonize 
legislation and policies on IP.  
 
Question 93:  Has the interministerial commission been set -up?  If so, what role does the 
Ministry of Culture and Tourism play in this commission?  If not, does Mozambique still intend to 
set up such an interministerial commission, and how will it work relate to th e Ministry of Culture 
and Tourism’s role in establishing copyright policy?  
 
The Secretariat’s Report also states that “Implementation of the rights of authors is mainly carried 
out by the Assoçiacão Moçambicana de Autores (SOMAS).”  SOMAS appears to be a m usic-
oriented group, and perhaps a collecting society.   
 
Question 94 : Is it bringing infringement actions on behalf of its members?  Are they also 
collecting and distribution royalties collected for, as an example, the public performance of music?  
More b roadly, please provide more details regarding the number of civil copyright infringement 
actions being brought in Mozambique by rights holders.  
 
Furthermore, Strategic Goal 20 in the 2008 –2018 IP Strategy was to strengthen and expand the 
collective manage ment system for copyright and related rights.  
 
Question 95 :  Has such strengthening and expansion occurred?  What other organizations 
manage rights for creators and which rights do they manage?  WT/TPR/M/3 54/Add.1  
 
- 31 - 
 
  PART II:  QUESTIONS ON THE GOVERNMENT REPORT  (WT/TPR/G/353)  
 
2 ECONOMIC ENVIRONMENT AND DEVELOPMENT  
 
2.4 Business Environment  
 
Page 5, paragraph 2.16 : 
  
Question 96  In reference to the Competition Law (Law No. 10/2013 of 11 April 2013), please 
identify when the Competition Authority will be fully functioning with an  appointed head, and 
identify its priorities for the first three years.  
 
Answer:  During 2017, the Competition Authority will start the operation. Mozambique is 
preparing the team, giving training and participating in International Fora.  
 
Recently the team  went to Lisbon for a training in the Portuguese Competition Authority. 
Mozambique has also requested assistance and technical capacity to an international 
Organization.  
 
6 SERVICES  
 
6.1 Transportation and Communications  
 
6.1.4 Air Transport  
 
Page 8 and 9,  paragraph 6.10 :  The section on air transport lists some steps that Mozambique has 
taken to liberalize air space; however, in practice the national carrier, Linhas Areas de 
Mocambique (LAM), remains the sole airline providing domestic services.  
 
Question 97:  Please identify what steps Mozambique plans to take to fully liberalize the domestic 
air space.  
 
Answer:  The domestic air space in Mozambique is liberalized. For a company to operate 
in domestic air space it is necessary to comply with the five step s:  
 
1)   proof of legal existence;  
 
2)  financial adequacy evidenced by letters of credit issued by licensed financial 
institutions;  
 
3) organizational structure that essentially presents the areas of administrative 
management, commercial, maintenance and  operations, including the respective 
minimum staff;  
 
4)  program on aeronautical activities; and  
 
  5)  Air Operator Certificate.  
 
On April 26, 2017, the Transport and Communications Sector launched a public  tender 
for interested companies to operate in t he domestic and international segments.  
 
OTHER QUESTIONS  
 
QUESTION 98 :  The Minister of Land, Environment, and Rural Economic Development has 
launched a discussion with development partners regarding a potential comprehensive land sector 
reform effort.  Pl ease share any updates regarding the key priorities, objectives, and timelines of 
this land reform effort.  
 
Answer:  Last February the Minister of Land, Environment and Rural Development met 
the donor group traditionally supporting the Land Sector. The me eting was called as a 
coordination effort to improve communication among government and donors, and WT/TPR/M/3 54/Add.1  
 
- 32 - 
 
  equally among donors, regarding current projects under implementation, developments 
and potential priorities for the Sector.  
 
A major development from MITAD ER concerns the approach, as such the option is to not 
consider it as a Reform but a Strategy to Develop the Land Sector Capacity, having 
selected 6 priorities:  
 
1. Institutional Development and Modernization  
2.  Land cadaster and registration  
3. Improveme nt of SiGIT (Land Management Information System)  
4.   Policy and Legal Framework  
5.   Mapping  
6.   Spatial Planning/Resettlement.  
  
At the occasion, MITADER introduced the proposed Framework for the strategy for 
capacity building of the Land Sector.  
  
It was agreed that such document would be the basis for the Action Plan, stressing the 
need for:  
 
i) an autonomous Institution,  
ii) improvement of the Capacity in general of the sector and in particular 
regarding each of the components,  
iii) maintenance, cons idering the government effort to register 5 million DUATs 
in the coming years, and the massive amount of data and information to be 
retrieved by SiGIT, meaning, and  
iv) modernization and improved capacities.  
  
A draft proposal of the Action Plan will be su bmitted to MITADER by the mid of May.  
 
QUESTION 99 : Many foreign investor’s list difficulties in hiring necessary talent as a key barrier 
to investment in Mozambique, and this year the Minister of Labor launched a labor reform effort.  
Please share the Gov ernment’s priorities in labor reform and explain how those are linked to the 
priorities to stimulate investment and economic growth.  
 
Answer:  The Government will be preparing the Terms of Reference this year to review 
the legislation, in collaboration wi th social partners, in particular the employers´ and 
employees' associations, Academia, and others stakeholders with understanding/   
Knowledge of Labour Law. The review itself will take place in 2018. One of the main 
factors for this is the need to update  the legislation to conform to the current stage of 
development of the country's economy.  
 
Many traders are complaining about different fees charged in the import and export processing 
weakening the Mozambique competitiveness. These fees are not charged ba sed on the service 
provided, but volume of trade.  This include s fees for scanning, export terminals, single window 
and PSI.   
 
QUESTION 100 : Please identify the Government’s plans to streamline and reduce these costs in 
line good international practices.  
 
Answer:  Regarding PSI, this will be subject to due consideration and or revision under 
the implementation of the WTO Agreement on Trade Facilitation, following categories 
stated.  
 
Regarding the fees for scanning, Single window and export Terminal, the G overnment 
option on the public Private concessions is due to budget constraints and limited 
resources for these activities.  
 
Mozambique is analyzing the issue of charged fees. There are negotiations taking place 
with the concessionary parts as to verify t o which extent these fees should be reviewed 
and make them accessible for the traders.  
 WT/TPR/M/3 54/Add.1  
 
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  In an effort to create a sustainable and predictable funding mechanism for peace support 
operations in Africa, Heads of State at the 27th AU Summit in July 2016 decided  to finance 100 
percent of AU operations, 75 percent of AU programs, and 25 percent of the AUPF, which includes 
AU peace support operations, by 2020.  In order to fund their individual shares, AU Member States 
agreed to an option of imposing an import levy  of 0.2 percent on selected imports into Africa.  
 
QUESTION 101 : Could Mozambique please explain how it intends to fund its share of this 
decision?  Please provide details on any trade measure that could be implemented for this 
purpose.   
 
THAILAND  
Table 2 .1/Page 23 - principal trade -related laws and regulations  
 
Public Private Partnership (PPP) is an important mechanism for government agencies to strengthen 
economic and social development through the binding of private sector expertise, sharing of risks 
and provision of additional sources of funding.  
 
Question 102 : Does the government of Mozambique has any policies or strategic measures to 
support PPP projects at both the national and regional levels (after the New Law on public – 
private partnership contra cts has entered into force in 2011), especially the use of PPP for key 
infrastructure projects of the country?   
 
2.12/Page 26 - Trade Policy Objectives  
 
According to the paragraph, in order to achieve the goal of Mozambique’s Industrial Policy and 
Strategy  2016-2025, Mozambique has taken various measures, including a review of the current 
package of investment incentives.  
 
Question 103 : In this regard, please elaborate on the concerned package from which foreign 
investors can enjoy.  
 
Answer:  Foreign inves tors may benefit from investment incentives, regulated by Law 
3/93 of June 24, according to this instrument, investors who wish to obtain guarantees 
and incentives offered by the Government must submit to the Investment Promotion 
Centre (CPI) or the Cabine t Of the Accelerated Economic Development Zones (GAZEDA) 
business plans for approval.  
 
In the specific case of the manufacturing industry, investors are exempt from paying 
customs duties on imports of raw materials to be used in the industrial processing o f the 
concerning undertaking. In addition, if these industries are located in the Free Trade 
Zones, they can be exempted from customs duties on the importation of construction 
materials, machinery, equipment and accessories and benefit from exemption and 
reduction of the Corporate Income Tax (IRPC) in the first 10 to 15 years.  
 
2.33/Page 31 - Legal and regulatory framework for investment  
According to the paragraph, it mentions about the condition for foreign investors who want to 
remit profits outside of Mo zambique or re -export invested capital.  
 
Question 104 : Thailand would like to know if Mozambique has notified this measure which is 
deemed not to comply with the Agreement on Trade -Related Investment Measures (TRIMs), to 
WTO.  
 
Answer:  We have taken note  of this concern for the required consideration . 
 
2.38/Page 33 - Investment promotion  
 
Question 105 : According to the paragraph, what plan and policies will the Government take to 
improve the business environment in the country?   
 WT/TPR/M/3 54/Add.1  
 
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  Answer:  The main reforms  to improve a business environment are:  
 
1. Starting a business indicator:  
a. Amendment of the Commercial Code;  
b. Streamlining of the e -BAU (electronic platform) aggregating the 
interoperability;  
c. Reviewing of the simplified license regime to introduce zero license  without 
any cost for the businessmen and introduce new activities;  
d. Publishing the bylaws four times a week in the Official Gazette  
2. Getting electricity: streamline the procedure to connect power. Thus, the 
businesspersons exchanges documents interact only with the utility.  
3. Registering property:  
a. Reviewing od the Deed Property Code;  
b. Conclude the digitalization of the books of register.  
4. Protection minority investor: reviewing Commercial Code.  
5. Getting Credit:  
a. Implement the Private Credit Bureau Law and its reg ulation;  
b. Introduction of a collateral regime and its central for registration  
6. Enforcing contract  
a. Introduction of Mediation Service within the Courts;  
b. Reduction from two to one months the judicial holiday  
c. Reviewing of the Courts fees Code;  
7. Resolving insolve ncy: approval of the Regulation on the insolvency law  
 
The Industrial Policy approved by the cabinet last year, includes measures to attract 
investors to the industrial sector. Most of them are related to law to enable interest to 
investors, not tax holida y but labour and training legislation.  
 
2.40/Page 33 - Framework for Business  
 
Question 106 : According to the paragraph, with respect to license requirement for undertaking 
an industrial or commercial activity in Mozambique, will local and foreign companie s be treated 
equally in the process of license application? Are there any limitations on foreign equity 
participation in service sectors  other than financial service which is the only service sector 
Mozambique has committed under WTO?  
 
3.21/Pages 42 -43 - Applied MFN tariff  
 
Question 107 : According to the paragraph, does Mozambique have any plan to bind all tariff lines 
that remain unbound?  
 
3.26/Page 46 - Import surtaxes  
 
Question 108 : According to the paragraph, does Mozambique have any plan to manage th e 
surtaxes of sugar in order to address the unpredictability of sugar tax in Mozambique’s market that 
exporters may face?  
 WT/TPR/M/3 54/Add.1  
 
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  Answer:  The surcharge system aims at mitigating the effects of the negative impact of 
volatility and distortion of the world market  resulting from support measures of several 
large producer countries to their respective sugar industries.  The system is aimed at 
providing   sustainable sugar market environment for the sugar industry in Mozambique, 
and enable the minimization of recover y of the invested capital.  
 
3.43/Page 54 - Quantitative restrictions on imports  
Question 109 : According to the paragraph, does Mozambique have any plan regarding the 
chicken import quota mechanism to be in line with article 13 of GATT 1994 and Article 4.2 of 
Agreement on Agriculture?   
 
3.58/Page 58  - Sanitary and Phytosanitary requirements  
 
Question 110 : According to the paragraph, it stated that “The National Phytosanitary Authority is 
responsible for undertaking inspections and the testing of vegetables a nd vegetable products, for 
import, export and other purposes”. Does this mean only vegetables and vegetable products, 
excluding fruits?   
 
Answer:  It also include s fruits under its responsibilities.  
 
3.3.4/Page 69 - State trading, state -owned enterprises and privatization  
 
Question 111 : Could Mozambique please provide more details on the legislation or regulation 
about privatization for State -owned enterprises; specifically the objective and strategic direction 
related how State -owned enterprises are chose n for privatization or kept as state enterprises in 
conducting social and welfare – related mission?  
 
Answer:  Regarding to the processes of alienation / privatization we must highlight the 
following instruments:  
 
 Decree No. 22/87, of October 21, 1987  
 
 Decree No. 21/89, of May 23, 1989  
 
 Law no. 15/91, of August 3, 1991  
 
 Law no. 17/92, of October 14, 1992, which clarifies doubts on the 
interpretation of Article 16 of L aw no. 15/91, of August 3, 1991  
 
 Decree No. 28/91, of 21 November 1991  
 
 Decree No. 19/93,  of 14 September, 1993  
 
 Decree No. 20/93, of 14 September, 1993, which amends and supplements 
the provisions of Decree No. 28/91 of 21 November 1991  
 
 Directive of the Prime Minister, 09/14/97, concerning the standardization of 
criteria for applying the le gal provisions and procedure governing the sale of 
shares reserved for Managers , Technicians and general staff  
 
 Resolution nº15/2001, of April 10, which approves the Restructuring Policy 
of the Corporate Sector with Soc ial Participations of the State  
 
 Decr ee no. 46/2001, 2001, establishing IGEPE, the body that manage and 
supervise the State participation in public companies.  
 
 Decree nº 49/2003 of 24 December,  2003, concerning to the State -owned 
shareholdings that are subject to alienation under Resolution 15/2001 of 10 April 
2001  
 WT/TPR/M/3 54/Add.1  
 
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   Decree No. 19/2011, of 26 May 2011, which establish the deadline for the 
subscription of shares reserved for Managers, Technicians and general staff.  
 
The ongoing restructuring process will also identify and assess the operational  risk 
associated with each of the companies and adopt their mitigation and/or control 
measures in order to leverage and create added value for companies. This process is 
based on the following pillars:  
 
 economic rationality;  
 
 economic and social impact;  
 
 investment levels required;  
 
 company size; and  
 
 good governance and certification.  
 
However, there are other criteria that support the withdrawal of the State from the 
equity portfolio, namely:  
 
• implementation of the Restructuring Policy of the State Busine ss Sector approved by 
Resolution 15/2001, of April 10, of the Council of Ministers, which advocates the 
disengagement of the State in the business sector to allow greater participation in 
the private sector; and  
 
• implementation of what is established in it em e), number 1, of Article 8, of Law 
15/91 of August 3, which provides for the sale or sale of holdings to managers, 
technicians and workers.  
 
Regarding to the evaluation of the State participations, a   process of Restructuring of 
the State Business Sect or is underway.   The objective is to make companies viable and 
sustainable, reducing their dependence on the State Budget.  
 
4.64/Page 90 - Services Sector  
 
Question 112 : According to the paragraph, with a view to enhancing transparency in mobile 
telecommu nication subsector, are there any provisions of published guidelines for the 
determination of foreign ownership limit in the acquisition of an existing firm in this subsector?   
 
Answer:  There are no foreign ownership limits in the existing firms in 
teleco mmunications sub sector. However, an entity that owns an existing operator in 
Mozambique cannot own more than 3% in two different operators. This is a provision to 
ensure a competitive environment.   
 
4.5.1/Page 90 - Financial services  
 
Question 113 : Accord ing to the paragraph, given that restricted financial access in Mozambique, 
which is the most practical mean of payment for international trade i.e. letters of credit, open 
account in Mozambique?  
 
4.76/Page 91 - Sector regulation  
 
Question 114 : According to the paragraph, in order to set up a commercial bank in Mozambique’s 
banking subsector, is a foreign service supplier subject to the minimum capital requirement?  
 WT/TPR/M/3 54/Add.1  
 
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  Report by Mozambique  
 
7.2/Page 10 - Manufacturing  
 
Question 115 : According to the paragrap h, could you please identify investment promotion 
policies of priority industries including construction sector, and if there is any measure facilitating 
foreign investors to venture in Mozambique?  
 
Answer:  Law 3/93 of 24 June does regulate  foreign investment.  
 
5.8/Page 7 - AGRICULTURE AND FISHERIES  
 
Question 116 : According to the paragraph, the Operational Plan for Food Production advocating 
for substantial increases for food production is expected to reduce the import levels of rice and 
chicken by 50%. We would like to note that the implementation should not be against WTO 
commitments.  
 
Answer:  Thankful, Mozambique has taken note of this observation.  
 
 
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