HomeReportsBureau of Economic and Business Affairs2018 Investment Climate Statements...Mozambique

# 					2018 Investment Climate Statements: Mozambique			

 In this section										/

													Executive Summary											

                -  Executive Summary 
                -  1. Openness To, and Restrictions Upon, Foreign Investment   
                -  2. Bilateral Investment Agreements and Taxation Treaties   
                -  3. Legal Regime   
                -  4. Industrial Policies   
                -  5. Protection of Property Rights   
                -  6. Financial Sector   
                -  7. State-Owned Enterprises   
                -  8. Responsible Business Conduct   
                -  9. Corruption   
                -  10. Political and Security Environment   
                -  11. Labor Policies and Practices   
                -  12. OPIC and Other Investment Insurance Programs   
                -  13. Foreign Direct Investment and Foreign Portfolio Investment Statistics   
                -  14. Contact for More Information   

## Executive Summary

The once-promising Mozambican economy, which had seen steady 8 percent growth for many years, skidded into economic crisis following the revelation of USD 2 billion in illicit government debt in 2016, causing the IMF to cancel a second tranche of its stand-by credit facility and donors to suspend direct budget support. In 2016, economic growth rates fell to 3.5 percent the metical devalued by over 40 percent against the U.S. dollar, and inflation rates climbed above 20 percent. Through decisive actions, the Central Bank was able to stabilize the currency and reduce inflation rates to the single digits in 2017, although economic growth rates remained anemic at 3.8 percent.

Though experiencing an economic downturn, Mozambique remains a country full of potential.

Late 2017 marked the official entry of ExxonMobil into gas development in Mozambique, with the Government of Mozambique (GRM) approving a USD 2.8 billion sale of half of Italian company ENI’s stake in the Coral South field. If ExxonMobil and Anadarko secure financing and sufficient sales and purchase agreements (SPAs), the consortiums could reach final investment decisions (FID) by 2019, which would eventually bring more than USD 40 billion in investment to the Liquefied Natural Gas (LNG) sector in Mozambique. In 2017, ENI’s Floating LNG project became Mozambique’s first LNG project to reach FID. It will be the first use of the floating offshore technology in Africa. Eight billion dollars of investment for this project was raised from 15 international banks and 5 export credit agencies.

Mozambique offers the experienced investor the potential for high returns, but remains a challenging place to do business. Investors must factor in corruption, an underdeveloped financial system, poor infrastructure, and operating costs. Transportation inside the country is slow and expensive, while bureaucracy, port inefficiencies, and corruption complicate imports. Local labor laws remain an impediment to hiring foreign workers, even when domestic labor lacks the requisite skills. The financial crisis also impacted the GRM’s ability to secure financing for even the most critical infrastructure projects. Additionally, because of the economic crisis, inflation, and currency fluctuations local Mozambican partners selling imported products in the local currency had trouble making payments in U.S. dollars to suppliers.

*Table 1*

							1. Openness To, and Restrictions Upon, Foreign Investment					

**Policies Toward Foreign Direct Investment**

The GRM is open to foreign investment, seeing it as a driver of economic growth and job creation. All business sectors are open to foreign investors, with the exception of a few sectors related to national security. The GRM reviews and approves each foreign and domestic investment; there are almost no restrictions on the form or extent of foreign investment.

APIEX (Agencia para a Promocao de Investimentos e Exportacoes –Agency for Promotion of Investments and Exports) is the primary investor contact within the GRM. It is a public institution with administrative, financial and property autonomy, operating under the Ministry of Industry and Commerce. Its objective is to promote and facilitate private and public investment. It also oversees the promotion of national exports. Through APIEX, investors can receive exemptions of some customs and VAT duties when importing “class K” equipment, which includes capital investments.

Contact information for APIEX is:

Agency for Promotion of Investments and ExportsRua da Imprensa, 332 (ground floor)Tel: (+258) 21313310Ahmed Sekou Toure Ave., 2539Tel: (+258) 21 321291/2/3Mobile: (+258 ) 823056432www.apiex.co.mz www.apiex.gov.mz 

Mozambique’s Law on Investment, No. 3/93, passed in 1993, and its related regulations, govern national and foreign investment. In August 2009, Decree No. 43/2009 replaced earlier amendments from 1993 and 1995, providing new regulations to the Investment Law. In general, large investors receive more support from the government in the business registration process than small and medium-sized investors do. Government authorities must approve all foreign and domestic investment requiring guarantees and incentives. Regulations for the Code of Fiscal Benefits were established by Decree No. 56/2009 and approved in October 2009. The Code of Fiscal Benefits, Law No. 4/2009, passed in January 2009, can be found at: http://investmentpolicyhub.unctad.org/InvestmentLaws/laws/110 .

The GRM, through the Confederation of Business Associations (Portuguese acronym – CTA), Mozambique’s primary business and industry association, maintains an ongoing dialogue with the private sector, holding quarterly meetings with the Prime Minister and an annual meeting with the President. CTA provides feedback to the GRM on laws and regulations that impact the business environment.

**Limits on Foreign Control and Right to Private Ownership and Establishment**

Mozambique investment law and its regulations generally do not distinguish between investor origin, or limit foreign ownership or control of companies. With the exception of Security & Safety, Media & Entertainment, and certain game hunting concessions, there were no legal requirements that Mozambican citizens own shares of foreign investments until 2011.

Law No. 15/2011, passed in August 2011 and often referred to as the “Mega-Projects Law,” governs public-private partnerships, large-scale ventures, and business concessions. It states that Mozambican persons should participate in the share capital of all such undertakings in a percentage ranging from 5 percent to 20 percent of the equity capital of the project company. Implementing regulations were approved by the Council of Ministers in June 2012.

Article 4.1 in Law 14/2014, often referred to as The Petroleum Law, states that the GRM regulates the exploration, research, production, transportation, trade, refinery and transformation of liquid hydrocarbons and their by-products, including petrochemical activities. Article 4.6 established state-owned oil company ENH as its exclusive representative for investment and participation in oil and gas projects. ENH typically owns up to a 15 percent of shares of the oil and gas projects in the country.

**Other Investment Policy Reviews**

Mozambique has undergone investment policy reviews by the following international organizations:

- OECD Investment Policy Review (2013):   http://www.oecd.org/daf/inv/investment-policy/mozambique-investment-policy.htm  ;
- WTO Trade Policy review – Report by the Secretariat – Mozambique – Revision (2017):   https://www.wto.org/english/tratop_e/tpr_e/tp454_e.htm  ;
- UNCTAD Investment Policy Review (2012):   http://unctad.org/en/pages/PublicationWebflyer.aspx?publicationid=222  .

**Business Facilitation**

APIEX is the government entity that promotes and facilitates investment in Mozambique. It provides support to investors for the following services: incorporation, business licensing, entrance visas, work permits, residence permits, identification and licensing of land, identification of business partners, troubleshooting, project monitoring, and implementation follow-up.

Lengthy registration procedures can be problematic for any investor – national or foreign – but those unfamiliar with Mozambique and the Portuguese language face greater challenges. Some foreign investors find it beneficial to work with a local equity partner familiar with the bureaucracy at the national, provincial, and district levels.

In 2017, Mozambique ranked 138 among 190 countries in the World Bank Doing Business report. The report highlights that it takes 19 days to start a business, and 68 days to get electricity. The World Bank reports that Mozambique requires 118 days and 11 procedures to get a construction permit.

**Outward Investment**

The GRM does not promote or incentivize outward investment. It also does not restrict domestic investors from investing abroad. The law does request that domestic investors remit investment income from overseas, except for amounts required to pay debts, taxes, or other expenses abroad.

							2. Bilateral Investment Agreements and Taxation Treaties					

The United States negotiated a Bilateral Investment Treaty (BIT) with Mozambique that went into force on March 3, 2005. In June 2005, the two countries signed a Trade and Investment Framework Agreement (TIFA), establishing a Trade and Investment Council to discuss bilateral and multilateral trade and investment issues. The Council held its first meeting in October of 2006.

In 2016, the United States and the GRM held the fourth round of TIFA talks, continuing the collaborative work addressing trade constraints, improving Mozambique’s business and investment environment, and expanding and diversifying trade between the United States and Mozambique. The talks also discussed how the U.S. Government could work with the GRM to meet its World Trade Organization (WTO) obligations, and advance trade facilitating activities related to sanitary and phytosanitary (SPS) measures and technical barriers to trade (TBT).

Mozambique has also signed bilateral investment agreements with Algeria, BLEU (Belgium-Luxembourg Economic Union) , Brazil, China, Cuba, Denmark, Egypt, Finland, France, Germany, India, Indonesia, Italy, Japan, Mauritius, Netherlands, Portugal, South Africa, Sweden, Switzerland, Turkey, United Arab Emirate, the United Kingdom, Vietnam, and Zimbabwe.

Mozambique does not have a bilateral taxation treaty with the U.S. Government, but has double taxation treaties with Portugal, Mauritius, Italy, South Africa, Botswana, India, Vietnam, Macau, Oman and the UAE. Double taxation treaties with Qatar and Uruguay are under negotiation.

							3. Legal Regime					

**Transparency of the Regulatory System**

Investors face myriad requirements for permits, approvals, and clearances that take substantial time and effort to obtain. The difficulty of navigating the system provides opportunities for corruption and bribery when officials facilitate routine transactions. Regulations in the areas of labor, health and safety, and the environment often go unenforced, or are selectively enforced. In addition, civil servants have threatened to enforce antiquated regulations that remain on the books to obtain favors or bribes.

Draft bills are usually made available for public comments through the business associations or relevant sectors, or in public meetings. Changes to laws and regulations are published in the National Gazette. Public comments are usually limited to input from a few private sector organizations, such as CTA. There have been complaints of short comment periods and that comments are not properly reflected in the National Gazette. The GRM is considering a law that would make public consultation on future legislation mandatory.

**International Regulatory Considerations**

Mozambique is a member of the SADC (Southern African Development Community). In June 2016, the GRM signed an Economic Partnership Agreement (EPA) with SADC, which includes Botswana, Lesotho, Namibia, South Africa, and Swaziland. Mozambique exports aluminum under the EPA agreement.

The GRM ratified the Trade Facilitation Agreement (TFA) in July 2016 and notified the WTO in January 2017. A National Trade Facilitation Committee was established to coordinate the implementation of the TFA.

**Legal System and Judicial Independence**

Mozambique’s legal system is based on Portuguese civil law and customary law. In December 2005, the Parliament approved major revisions to the Commercial Code – the result of a collaborative effort starting in 1998 between the Mozambican government, the private sector, and donors. The previous Commercial Code was from the colonial period, with clauses dating back to the 19th century, and it did not provide an effective basis for modern commerce or resolution of commercial disputes. The revised code went into effect July 1, 2006. In April 2018, the Council of Ministers passed new provisions for the Commercial Code, which will be debated in Parliament.

**Laws and Regulations on Foreign Direct Investment**

The Code of Fiscal Benefits, Law No. 4/2009, passed in January 2009, and Decree No. 56/2009, approved in October 2009, form the legal basis for foreign direct investment in Mozambique. Operating within these regulations, APIEX analyzes the fiscal and customs incentives available for a particular investment. Investors must establish foreign business representation and acquire a commercial representation license. During project development, investors must document their community consultation efforts related to the project. If the investment requires the use of land, the investor will also have to present, among other documents, a topographic plan or an outline of the site where the project will be developed.

If the investment involves an area under 1,000 hectares and the investment is up to approximately USD 25 million the governor of the province where it will be located can approve the investment. APIEX has the authority to approve any project between USD 25 million and approximately USD 40 million. The Minister of Economy and Finance must approve national or foreign investment between approximately USD 40 million and USD 225 million. If the investment (national or foreign) occupies an area of 10,000 hectares or an area superior to 100,000 hectares for a forestry concession, or it amounts to more than USD 225 million, the project must be approved by the Council of Ministers.

On February 21, 2017, the GRM approved a new regulation to facilitate visas for foreign nationals intending to invest in projects in Mozambique. The measure reduced the minimum investment amount required from USD 50 million to USD 500,000 for an investment visa. Under the new visa regulations, citizens of nations that have Mozambican embassies or consulates may now also request visas upon entry, although implementation of this law has been uneven. The new border visa is valid for 30 days and allows two entries.

**Competition and Anti-Trust Laws**

Law 10/2013, passed on April 11, 2013, and known as the Competition Law, established a modern legal framework for competition in Mozambique and created the Competition Regulatory Authority. A budget has still not been allocated to this body, and the GRM needs to appoint a board of directors. The framework is inspired by the Portuguese competition enforcement system. Violating the prohibitions contained in the Competition Law (either by entering into an illegal agreement or practice, or by implementing a concentration subject to mandatory filing) could result in a fine of up to 5 percent of the turnover of the company in the previous year. Competition Regulatory Authority decisions may be appealed in the Judicial Court in Maputo for cases leading to fines or other sanctions, or to the Administrative Court for merger control procedures.

**Expropriation and Compensation**

While there have been no significant cases of nationalization since the adoption of the 1990 Constitution, Mozambican law holds that “when deemed absolutely necessary for weighty reasons of national interest or public health and order, the nationalization or expropriation of goods and rights shall (result in the owner being) entitled to just and equitable compensation.” No American companies have been subject to expropriation issues in Mozambique since the adoption of the 1990 Constitution.

**Dispute Settlement**

*ICSID Convention and New York Convention*

Mozambique acceded in 1998 to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

*Investor-State Dispute Settlement*

For disputes between U.S. and Mozambican companies where a BIT violation is alleged, recourse via the international Alternative Dispute Resolution may also be available. No investment disputes in the past ten years have involved U.S. investors. Investors who feel they have a dispute covered under the BIT should contact the U.S. Embassy.

*International Commercial Arbitration and Foreign Courts*

In 1999, the Parliament passed Law no. 11/99 on July 8 (Law on Arbitration), which allows access to modern commercial arbitration for foreign investors. The Judicial Council approved Resolutions No. 1/CJ/2017 and No. 2/CJ/2017 on August 25, 2017, creating the Regulations of Mediation Services in Judicial Courts and the Judicial Mediators’ Code of Conduct. These new resolutions are designed to promote the mediation process as an alternative to litigation.

The Center for Commercial Arbitration, Conciliation, and Mediation (CACM) works under the Ministry of Labor and Social Security and offers commercial and labor arbitration. It has offices in Maputo and Beira, with 98 percent of commercial arbitration cases originating from Maputo province. During 2017, CACM handled 23 cases of commercial arbitration, and another 11 case are in progress. CACM has 247 arbitrators and 26 mediators throughout the country. One of the main constraints to the use of arbitration is that many contracts do not incorporate a clause that allows conflicts to be resolved via arbitration instead of in the courts.

**Bankruptcy Regulations**

In June 2014, the GRM passed a comprehensive legal regime for bankruptcy, streamlining the bankruptcy process and settings the rules for business recovery. Globally, Mozambique stands at 75 in the ranking of 190 economies on the ease of resolving insolvency according to the 2018 Doing Business Report.

							4. Industrial Policies					

**Investment Incentives**

The Code of Fiscal Benefits contains specific incentives for entities that intend to invest in certain geographical areas within Mozambique that have natural resource potential, but which lack infrastructure and have low levels of economic activity. Rapid Development Zones (RDZ) were also created to facilitate investment. Investments in these zones are exempt from import duties on certain goods and are granted an investment tax credit equal to 20 percent of the total investment (with a right to carry credit forward for five years). Additional modest incentives are available for professional training and in the construction and rehabilitation of public infrastructure, including but not limited to roads, railways, water supply, schools, and hospitals.

The Code of Fiscal Benefits, Law No. 4/2009, passed in January 2009, is available at: http://investmentpolicyhub.unctad.org/InvestmentLaws/laws/110 . The Regulations for the Code of Fiscal Benefits are set forth in Decree No. 56/2009, which was approved in October 2009. APIEX can assist companies with the investment incentives stipulated in the Code of Fiscal Benefits.

**Foreign Trade Zones/Free Ports/Trade Facilitation**

Mozambique has seven free trade zones in the country, which provide a variety of fiscal exemptions depending on the sector of investment as well as the project location. Investors should pay close attention to documents and procedures requested in order to establish a business locally or to request fiscal and customs incentives if investing in an industrial free zone. Information regarding business registration and administrative practices are available at: http://www.portaldogoverno.gov.mz/por/Empresas/Registos .

**Performance and Data Localization Requirements**

The government generally does not require investors to purchase from local sources, nor does it require technology or proprietary business information to be transferred to a local company; however, the proposed “Local Content” law could create additional requirements in this realm.

Regulations for new mining and petroleum laws may require investors to give preference to local sources available in Mozambique if the goods or services are of an internationally comparable quality and competitively priced.

Companies may hire foreign workers only when there are not sufficient Mozambican workers available that meet specific job qualifications. The Ministry of Labor enforces quotas for foreign workers as a percentage of the workforce within individual private companies. All investments must specify the number and category of Mozambican and foreign workers.

There are currently no data localization policies in effect in Mozambique. The government agency responsible for enforcing IT policies and rules is:

UTICT – Unidade Tecnica de Implementacao da Politica de InformaticaTechnical Implementation Unit for IT PolicyTel: (258) 21 309 398; 21 302 241Mobile (258) 305 3450Email: cpinfo@infopol.gov.mzhttp://www.infopol.gov.mz 

							5. Protection of Property Rights					

**Real Property**

The legal system recognizes and protects property rights to buildings and movable property. Private ownership of land, however, is not allowed in Mozambique. Land is owned by the State. The government grants land-use concessions called DUATs (Direitos de Uso e Aproveitamento de Terra, or a land-use title) for periods of up to 50 years, with options to renew for an additional 50 years. Essentially, land-use concessions serve as proxies for land titles. There is no robust market in land user rights and land use titles are not easily transferable. The process to award land concessions is not transparent and the government at times has granted overlapping land concessions. It takes an average of 90 days to issue a land title for most of the concessions. The Mozambican banking community uses property other than land – cars, private houses, and infrastructure – as collateral, as it is not possible to securitize property for lending purposes.

Investors should be aware of the requirement to obtain endorsement of their projects in terms of land use and allocation at a local level from the affected communities. APIEX assists investors in finding land for development and obtaining appropriate documentation, including agricultural land. The government advises companies on relocating individuals currently occupying land designated for development; however, companies are ultimately responsible for planning and executing resettlement programs.

**Intellectual Property Rights**

The Parliament passed a copyright and related rights bill in 2000, which, when combined with the 1999 Industrial Property Act, brought Mozambique into compliance with the WTO agreement on the Trade Related Aspects of Intellectual Property Rights (TRIPS). The law provides for the security and legal protection of industrial property rights, copyrights, and other related rights. In addition, Mozambique is a signatory to the Bern Convention, as well as the New York and Paris Conventions.

Despite enforceable laws and regulations protecting intellectual property (IPR) and providing recourse to criminal or administrative courts for IPR violations, it remains difficult for investors to enforce their IPR. The registration process is relatively simple and private sector organizations have been working with various government entities on an IPR taskforce to combat IPR infringement and related public safety issues.

Intellectual property rights enforcement in Mozambique remains sporadic and inconsistent. Mozambique’s National Inspectorate of Economic Activities (INAE) increased seizures of counterfeit goods in 2017, confiscating Hewlett-Packard (HP) toner cartridges, Nike, Adidas and Ralph Lauren and other falsely branded merchandise in several large busts, but raids and prosecutions remain rare overall. Pirated copies of audio, videotapes, DVDs and other counterfeit goods are commonly sold in Mozambique.

For additional information about treaty obligations and points of contact at local IP offices, please see WIPO’s country profiles at http://www.wipo.int/directory/en/ .

							6. Financial Sector					

**Capital Markets and Portfolio Investment**

The Mozambique Stock Exchange (BVM – Portuguese acronym) is a public institution under the guardianship of the Minister of Economy and Finance and the supervision of the Central Bank of Mozambique. Corporate and government bonds are traded on the BVM and there is only one dealer that operates in the country, with all other brokers incorporated into commercial banks, which act as the primary dealers for treasury bills. The secondary market in Mozambique remains underdeveloped. Available credit instruments include medium and short-term loans, syndicated loans, foreign exchange derivatives, and trade finance instruments, such as letters of credit and credit guarantees.

The GRM notified the IMF that it has accepted the obligations of Article VIII sections 2, 3, and 4 of the IMF Articles of Agreement, effective May 20, 2011.

**Money and Banking System**

Although non-performing loans as a percentage of bank loans increased from 4 percent to 6 percent in 2016, the local banking sector is stable. Seeking to strengthen the sector in 2017, the Central Bank increased shareholder capital requirements from USD 1 million to USD 25 million and raised the capital adequacy ratio from 9 percent to 12 percent. The Central Bank, in 2016, took administrative control over Moza Banco, Mozambique’s fourth largest commercial bank, dissolving its board and replacing it with a provisional board. Moza Banco’s shareholders failed to recapitalize the bank in March 2017 and the Central Bank recapitalized the bank by purchasing 80 percent of Moza Bank’s shares using the Central Bank’s pension fund.

The Mozambican Association of Banks (AMB) and KPMG reported in 2017 that the four largest commercial banks accounted for almost 98 percent of the profits in Mozambique’s banking sector. The remaining 15 banks earned 2 percent of banking profits. The number of bank branches in Mozambique rose from 616 in 2015 to 637 in 2016 with the bulk of these branches concentrated in major cities; rural districts often have no banks at all. Credit is allocated on market terms but eligibility requirements exclude much of the population from obtaining credit. Banks request collateral, but since land cannot be used as collateral, the majority of individuals do not qualify for loans. Foreign investor export activities in critical areas related to food, fuel, and health markets have access to credit in foreign and local currencies. All other sectors have access to credit only in the local currency.

**Foreign Exchange and Remittances**

*Foreign Exchange Policies*

In December 2017, Mozambique approved new exchange control rules in Decree 49/2017. Residents in Mozambique are now required to remit export earnings to Mozambique into an export earnings account in foreign currency, which can only be used for specifically defined purposes. Under the new decree, the mandatory registration of foreign exchange operations will now be processed electronically in real time by the commercial banks. Applications for capital operations are now processed by commercial banks, and forwarded to Central Bank of Mozambique. Foreign direct investment (FDI) up to USD 250,000 no longer requires prior authorization from the Bank of Mozambique and only needs to be registered with the commercial bank handling the transactions. Shareholder and intercompany loans made by foreign entities up to USD 5 million require no authorization from the Central Bank, provided the loans are interest free or lower than the base lending rate for the relevant currency, the repayment period is at least three years, and no other fees or charges apply.

A special foreign exchange regime for oil, gas, and mining sectors allows for greater flexibility in foreign exchange and financing operations. The law, which went into force in January 2018, stipulates that profits from petroleum rights are entirely taxed at an autonomous tax rate of 32 percent. It also guarantees tax stabilization for up to 10 years, starting from the beginning of commercial production with an investment amount of USD 100 million. The Ministry of Economy and Finance can also approve the use of U.S. dollars, if the company has invested at least USD 500 million and more than 90 percent of its transactions are in U.S. dollars. The law also revoked a 50 percent tax rate reduction related to the production tax that was available when extracted products were used locally.

**Remittance Policies**

Under the 2017 Decree, there is no longer an obligation to convert 50 percent of export proceeds into the local currency. The new decree only requires that a sufficient quantity be converted into the local currency to cover payments to residents locally.

**Sovereign Wealth Funds**

The GRM is exploring establishing a sovereign wealth fund for LNG revenues that are expected in the next decade. Currently there is an off-budget account for capital gains revenues. Article 5 of the 2017 Budget Law authorizes the government to save or spend windfall revenues on investment projects, debt repayment, and emergency programs. However, there are limited details on how off-budget spending should be planned and approved.

							7. State-Owned Enterprises					

In March 2018, the Parliament passed a new law that broadens the definition of state-owned enterprises (SOEs) to include all public enterprises and shareholding companies. Once published, the new law should unify SOE oversight and harmonize the corporate governance structure, placing additional financial controls, borrowing limits, and financial analysis and evaluation requirements for borrowing by SOEs. The law should also require the oversight authority to publish a consolidated annual report on SOEs, with additional reporting requirements for individual SOEs. In December 2017, the Council of Ministers also approved a decree to manage government guarantees and public debt that clearly defines the instruments for guarantees and state borrowing.

State-owned enterprises have their origin in the socialist period directly following Mozambique’s independence in 1975, with a variety of SOEs competing with the private sector in the Mozambican economy. Government participation varies depending on the company and sector. SOEs are managed by the Institute for the Management of State Participation (IGEPE – Portuguese acronym). Following past privatization and restructuring programs, IGEPE now holds majority and minority interests in 128 firms, down from 156.

Some of the largest SOEs, such as Telecommunications of Mozambique (Information & Communication – landline telephones), Airports of Mozambique (ADM) and Airlines of Mozambique (Travel – airports and air transportation), and Electricity of Mozambique (Energy & Mining – electrical utility), have monopolies in their respective industries. In some cases, SOEs enter into joint ventures with private firms to deliver certain services. For example, Ports and Railways of Mozambique (CFM-Portuguese acronym) offers concessions for some of its ports and railways. Many SOEs benefit from state subsidies. In some instances, SOEs have benefited from non-competed contracts that should have been competitively tendered. SOE accounts are generally not transparent and not thoroughly audited by the Supreme Audit Institution. SOE debt represents an unknown, but a potentially significant liability for the GRM.

**Privatization Program**

Mozambique’s privatization program has been relatively transparent, with tendering procedures that are generally open and competitive. Most remaining parastatals operate as state-owned public utilities, with government oversight and control, making their privatization more politically sensitive. While the government has indicated an intention to include private partners in most of these utility industries, progress has been slow.

							8. Responsible Business Conduct					

Larger companies and foreign investors in Mozambique tend to follow their own responsible business conduct (RBC) standards. For some large investment projects, RBC-related issues are negotiated directly with the GRM. Responsible business conduct is an increasingly high-profile issue in Mozambique, especially in the extractive industries, with some projects requiring resettlement of communities.

Business integrity initiatives are mainly supported by business associations, civil society organizations, and multinational companies. The Mozambican corporate social responsibility network, PACTUM, promotes initiatives and provides technical assistance to companies wishing to invest in the communities where they operate. CTA is reviewing a proposed “Business Code of Conduct,” which will include monitoring, sanctions, and an enforcement mechanism. CTA also recently signed an MOU with the Central Office for Fighting Corruption (Portuguese acronym – GCCC) to cooperate on joint initiatives to prevent corruption in the private sector and improve good corporate governance. Under this MOU, the GCCC will also provide legal advice to the private sector. The organization IoDmz promotes business integrity initiatives, including the adoption of a Business Code of Ethics and a Business Pact against Corruption (BIPAC) in procurement and political funding. The Commercial, Industrial and Services Association (ACIS) also promotes RBC through their own Code of Business Principles. Mozambique is a member of the Extractive Industries Transparency Initiative (EITI).

							9. Corruption					

The National Assembly passed an anti-corruption bill in 2004. Mozambique established an anti-corruption unit, the Central Office for Fighting Corruption (GCCC), within the Office of the Attorney General to investigate corruption-related crimes. In 2005, the government passed Decree 22/2005, which created provincial-level offices to combat corruption. The 2012 Law on Public Integrity banned government officials and parliamentarians from simultaneously holding positions in SOEs. Mozambique passed a Right to Information law in 2014, which came into force in January 2016, although there have been cases of some journalists being denied requests for information.

Though Mozambique has made progress developing the legal framework to combat corruption, the policies and leadership necessary to ensure effective implementation have been insufficient.

Mozambique ranked 153rd out of 180 countries in Transparency International’s 2017 Corruption Perceptions Index. Corruption is a concern across the government, and senior officials often have conflicts of interest between their public roles and their private business interests. There are also frequent reports of corruption and bribe-seeking among Mozambican police forces.

A few civic organizations and journalists remain vocal on corruption-related issues. One NGO, the Center for Public Integrity (Portuguese acronym -CIP), continues to publicly pressure the government to act against corrupt practices. CIP finds that many local businesses are closely linked to the government and have little incentive to promote transparency. Despite strong rules prohibiting the bribery of public officials, enforcement remains limited.

**Resources to Report Corruption**

Contact at government agency or agencies responsible for combating corruption:

Ana Maria GemoCentral Anti-Corruption Office (Gabinete Central de Combate a Corrupcao)Avenida 10 de Novembro, 193+258 82 3034576gabinetecorrupcao@yahoo.com.br

Contact at “watchdog” organization

Fatima MimbireProject Coordinator Extractive IndustriesCenter for Public Integrity (Centro de Integridade Publica)Rua Fernao Melo e Castro, 124+258 82 5293957fatima.mimbire@cipmoz.org

							10. Political and Security Environment					

Between 2013 and 2016, Mozambique experienced waves of politically motivated violence due to a simmering armed conflict between GRM forces and the main opposition party Renamo. Tensions peaked in 2016, a year that saw GRM forces deploy armed convoys along the country’s two main commercial highways to counter Renamo attacks. Thousands of Mozambicans sought asylum in neighboring Malawi to avoid the conflict. International human rights organizations described alleged human rights violations against the refugees and their families carried out by GRM forces, as well as allegations of mass graves. Political killings, attacks on public transportation, and kidnappings were also attributed to Renamo by Human Rights Watch.

After a cessation of hostilities was declared in December 2016, the GRM and Renamo made significant progress towards a lasting peace in 2017 and early 2018. In February 2018, the GRM and Renamo reached an agreement on government decentralization. The proposed decentralization agreement, which is expected to be approved by Parliament, would create a system of indirectly-elected governors, district administrators, and mayors selected by the party or coalition that receives the most votes in assembly elections at each of these levels. The parties continue to negotiate on the issue of demilitarization and integration of Renamo combatants.

On the security front, the GRM faces significant challenges in its efforts to combat transnational and organized crime, prevent the spread of violent Islamic extremism, and curb poaching and illegal wildlife trafficking. In October 2017, organized Islamic extremists carried out unprecedented attacks against government facilities in the north of the country, killing at least two police personnel, and initiated a number of similar attacks in the subsequent weeks and months. These attacks highlight long-simmering economic and social risk factors for radicalization in the north and underscore the need for national counterterrorism and counter-violent extremism (CVE) strategies.

							11. Labor Policies and Practices					

The labor market is dominated by the informal economy with the vast majority of people (approximately 80 percent) working in subsistence agriculture, particularly in rural areas. People in cities often work in informal trade.

There is an acute shortage of skilled labor in Mozambique. As a result, many employers import foreign employees to fill these skill gaps. The GRM maintains quotas that limit the number of foreign nationals a business can employ in relation to the number of Mozambican citizens it employs. The government passed a labor regulation in 2016 strengthening the requirement for employers of foreign nationals to devise a skills transfer program that trains Mozambican nationals to eventually replace the foreign workers.

The constitution and law provide that workers, with limited exceptions, may form and join independent trade unions, conduct legal strikes, and bargain collectively. The law requires government approval to establish a union. The government has 45 days to register employers’ or workers’ organizations, a delay the International Labor Organization (ILO) deemed excessive. Approximately 3 percent of the labor force are affiliated with trade unions. An employee fired with cause does not have a right to severance, while employees terminated without cause do. Unemployment insurance does not exist and there is not a social safety net program for workers laid off for economic reasons.

							12. OPIC and Other Investment Insurance Programs					

The Overseas Private Investment Corporation (OPIC), an independent U.S. government agency that assists with project finance, through loans or loan guaranties, and political risk insurance, signed an investment incentive agreement with Mozambique in 1999, which was ratified in 2000. The African Banking Corporation of Mozambique received funding to expand its SME lending portfolio in Mozambique, and Chemonics International received funds for management, scientific, and technical consulting services from OPIC. Potential for OPIC investment is likely to increase in line with Mozambique’s own expected economic growth due to commercialization of Mozambique’s natural resources.

							13. Foreign Direct Investment and Foreign Portfolio Investment Statistics					

*Table 2: Key Macroeconomic Data, U.S. FDI in Host Country/Economy*

* Host country source: http://www.ine.gov.mz/estatisticas/estatisticas-economicas 

*Table 3: Sources and Destination of FDI*

*Table 4: Sources of Portfolio Investment*

Data not available.

							14. Contact for More Information					

Damon DuBordEconomic/Commercial OfficerAvenida Kenneth Kaunda, 193Maputo, Mozambique(258) 2149-2797DuBordDA@State.gov

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### On This Page

                    -  Executive Summary 
                    -  1. Openness To, and Restrictions Upon, Foreign Investment   
                    -  2. Bilateral Investment Agreements and Taxation Treaties   
                    -  3. Legal Regime   
                    -  4. Industrial Policies   
                    -  5. Protection of Property Rights   
                    -  6. Financial Sector   
                    -  7. State-Owned Enterprises   
                    -  8. Responsible Business Conduct   
                    -  9. Corruption   
                    -  10. Political and Security Environment   
                    -  11. Labor Policies and Practices   
                    -  12. OPIC and Other Investment Insurance Programs   
                    -  13. Foreign Direct Investment and Foreign Portfolio Investment Statistics   
                    -  14. Contact for More Information   

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