Angola
Legislation | ANIP - Organic Statute
Presidential Decree Nº 113/11:
Hereby Approves the Organic Statute of the National Agency for Private Investment - ANIP
Hereby Repeals Decree Nº 44/03, of June 4.


Presidential Decree Nº 113/11 of June 2, 2011

Whereas private investment and public investment both constitute the keystones underpinning the integral development that the country aims to achieve, taking into account improvements to the people’s living standards;

The National Agency for Private Investment - ANIP is, therefore, of fundamental importance, making it imperative that it be equipped with instruments adequate to its proposed mission;

Given that developing policies to promote private investment practices for contextual cost-reduction in public administration and being the sole entity handling all national and foreign private investment are some of its tasks;

The President of the Republic hereby decrees, under the terms of paragraph d) of article 120 and of Nº 1 of article 125, both enshrined in the Constitution of the Republic of Angola, the following: Article 1 - The Organic Statute of the National Agency for Private Investment – ANIP appended to this decree, of which it is an integral part, is hereby approved.

Article 2 – Decree Nº 44/03, of June 4, 2003 is hereby repealed.

Article 3 – Any doubts and omissions raised in the interpretation and application of this decree shall be resolved by the President of the Republic.

Article 4 - This presidential decree shall come into effect on the date of its publication.

Appraised by the Cabinet, in Luanda on January 26, 2011.

Let it be published.

Luanda, May 31, 2011.
The President of the Republic, JOSÉ EDUARDO DOS SANTOS.


THE NATIONAL AGENCY FOR PRIVATE INVESTMENT - ANIP
ORGANIC STATUTE
CHAPTER I
General Provisions
Article 1
(Nature)
  1. The National Agency for Private Investment, known by its acronym of ANIP, is a corporate entity subject to public law, endowed with a legal personality with autonomy over its management, financial affairs, and assets.
  2. The National Agency for Private Investment - ANIP is subject to regulation and oversight by the Holder of Executive Power.
  3. The National Agency for Private Investment - ANIP utilizes the designation of Angolan Investment Agency, with it being permissible to translate, or adapt, same for promotional purposes abroad.
Article 2
(Legal Framework)
  1. The National Agency for Private Investment - ANIP is governed by this Statute and, subsidiarily, by the laws applicable to public institutes.
  2. The National Agency for Private Investment - ANIP is subject to private law regulations in its relationships with third parties, with public spending regulations being applicable to acts and agreements to which it is party.
Article 3
(Headquarters & Representative Offices)
The ANIP - National Agency for Private Investment headquarters are located in Luanda, with it being entitled to set up representative offices anywhere in national territory and abroad.
Article 4
(Mission)
  1. The ANIP - National Agency for Private Investment mission is, essentially, to pursue the following goals:
      1. Promote favorable conditions and provide the support required for the realization of investments in national territory, whether they be of national or foreign origin, in accordance with that established in the Private Investment Law and complementary legislation.
      2. Ensure the reception and monitoring of all investment projects, in accordance with prevailing legislation.
      3. Register and monitor, in coordination with the National Bank of Angola (central bank), investments made abroad by national investors, within the scope of the Angolan internationalization process, in accordance with foreign exchange legislation and other prevailing complementary legislation, and that which may be passed in future.
  2. With a view to achieving its mission, ANIP - National Agency for Private Investment shall establish privileged relationships of cooperation and harmonization with other public and private corporate entities, whose goals also involve the fostering of investment.
Article 5
(Obligations)
It is incumbent on ANIP - National Agency for Private Investment to:
    1. Contribute to the efficiency framework favorable and adequate to investment.
    2. Negotiate incentive systems for investment projects, in close collaboration with the National Department of Taxes and the National Customs Services, on a case-by-case basis, in accordance with the Private Investment Law.
    3. Negotiate venture capital for capital backing, on a case-by-case basis, in accordance with legislation on fostering private enterprise.
    4. Provide services, encompassing technical assistance, legal matters, market, and other types of studies, for national and foreign investors.
    5. Promote and support alliances between national and foreign investors, as well as projects that involve other internationalization components of Angola’s economy.
    6. Promote the integration of investment into politics and economic diplomacy: in particular, by participating in international organizations or meetings on investment-related issues and the realization of promotional initiatives abroad to attract investment.
    7. Receive and register all private investment intentions regulated by the Private Investment Law.
    8. Ensure the integrated administrative processing of all application dossiers, including applications for financial and tax incentives, licensing and installation, as well as negotiating investment agreements to be submitted to the Holder of Executive Power.
    9. Take decisions on investment applications, in accordance with the Private Investment Law.
    10. Act as the investor’s exclusive interlocutor, representing all the administrative entities involved, without prejudice to its own respective responsibilities.
    11. Monitor investment projects already in place or underway.
    12. Undertake further obligations eventually assigned to it.
Article 6
(Obligations)
  1. ANIP - National Agency for Private Investment, within the scope of the mission and powers assigned to it, shall also contribute to a framework of efficiency and competitiveness that is favorable and adequate to investment in Angola. It shall do so by recommending policies and practices to curb costs, in those areas for which the Public Administration is responsible, and by monitoring the internationalization process of Angolan companies, as well as investments made by the latter, or by individual persons, in the acquisition of a part of the capital stock of or shares in companies outside the national market.
  2. In light of that stipulated in the previous number, ANIP - National Agency for Private Investment may promote appropriate initiatives with services belonging to Public, Central, and Local Administrations, Public Institutes, and State Enterprises, or any other equivalent entities.
  3. Within the scope referred to in the previous number, ANIP - National Agency for Private Investment may organize exhibitions, with factuality, pertinence and proportionality, for public entities, highlighting the existence of self-competing contextual costs, seeking to identify their respective causes, while proposing solutions aimed at their elimination.
  4. ANIP - National Agency for Private Investment may provide any cooperation necessary to the achievement of that defined in Nº 1 of this article, as well as requesting cooperation from entities and agents in providing any clarifications required.
  5. ANIP - National Agency for Private Investment must apprise the relevant authority of successful cases that merit generalization proposals, as well as of eventual noncompliance with a duty to explain, inform, cooperate, and confirm, as provided for in the previous numbers of this article.
  6. ANIP - National Agency for Private Investment must publish periodic reports on the investment situation in Angola, including, among other matters, assessment of the impact of measures taken, or of their nonexistence, and comparative analyses, on a national and international level, of specific contextual costs.
Article 7
(Investment Incentives)
  1. ANIP - National Agency for Private Investment is assigned the coordinator role in the negotiation process concerning incentives applicable to investment projects, whether they appear in special legislation or in general regulations.
  2. Incentives may, exceptionally, include specific quids pro quo to lessen contextual costs, among which are:
      1. Subsidized professional-training costs.
      2. Compensation for costs, owing to scarcity of professional specializations.
      3. Compensation for distance-costs to sources of know-how and innovation.
      4. Obligation of the State and other public-sector entities to make investments in public infrastructure.
      5. The State’s need to make investments in a particular sector or specific activity considered strategic for the national economy.
  3. The commitments referred to in paragraph d) of the previous number require a prior statement of budgetary cover and the requisite authorization from Members of the Executive empowered to grant it.
  4. It is incumbent on ANIP - National Agency for Private Investment to propose improvements to and innovation in the current investment systems, in relation to the assessment it makes of their application, while permanently making comparisons of them with the best practices of competitor countries.
Article 8
(Venture & Development Capital)
  1. Within the scope of its powers, ANIP - National Agency for Private Investment may negotiate the involvement of venture and development capital derived from public funds geared to financing projects.
  2. ANIP - National Agency for Private Investment may, with other public entities, set up promotional venture capital companies, hold stakes in promotional venture capital companies and in commercial companies, within the framework of commercial legislation, provided that such is instrumental to the mission assigned to it.
CHAPTER II
OVERSIGHT, REGULATION & ACCOUNTABILITY
Article 9
(Oversight & Regulation)
  1. ANIP - National Agency for Private Investment comes under the oversight and regulation of the Holder of Executive Power, who within the scope of his powers may delegate this authority, by the appropriate instrument, in a Member of the Executive.
  2. Oversight and regulation shall be exercised according to law and regulations, without prejudice to this Statute enshrining special intervention mechanisms, in the event of real or imminent harm to public interest.
Article 10
(Scope of Oversight & Regulation)
  1. Oversight and regulation consist in the performance of the following:
      1. Approving the action plan, progress report, and the annual and half-yearly accounts.
      2. Approving the budget forecast and the half-yearly and annual reports on financial execution.
      3. Issuing recommendations or directives to the ANIP - National Agency for Private Investment management bodies on targets to be achieved and the priorities to be adopted in their respective pursuit.
      4. Suspending, annulling, and revoking actions carried out by the ANIP - National Agency for Private Investment management bodies in violation of law or those deemed inopportune or inconvenient to the public interest.
      5. Ordering inquiries or investigations, whenever there are indications of any lawbreaking or of the practice of acts, the merit of which is questionable.
      6. Taking disciplinary action against executives, in accordance with law.
  2. Also requiring approval of the regulatory authority are:
      1. The creation of territorially-dispersed services.
      2. Proposals to changes in permanent staff.
      3. The establishment of agreements with private entities, in compliance with its obligations.
  3. In the event of serious inertia on the part of ANIP - National Agency for Private Investment, namely, in the practice of mandatory acts or in the creation of measures, the oversight body holds proxy powers, without prejudice to taking accountability-related measures it may deem pertinent, in accordance with law.
Article 11
(Accountability)
  1. The management bodies, senior staff, employees, and agents of ANIP - National Agency for Private Investment shall be held accountable financially, civilly, disciplinarily and criminally for acts practiced in the exercise of their functions, in accordance with the respective legislation.
  2. All cases of illegality, whether confirmed or merely suspected, must be the target of proper proceedings to assign disciplinary, criminal, or civil accountability for whatsoever has taken place.
  3. Financial accountability is established by the Court of Auditors, in accordance with the respective legislation.
CHAPTER III
BASIC STRUCTURE
SECTION I
INTERNAL STRUCTURE
Article 12
(Accountability)
  1. 1. The ANIP - National Agency for Private Investment governing bodies consist of:
      1. Management Board
      2. Chair of Management Board
      3. Technical Advisory Committee
      4. Audit Committee
  2. 2. The ANIP - National Agency for Private Investment services are:
      1. Boardroom Support Service
      2. Studies, Planning & Statistics Office
      3. Legal Affairs Office
      4. Assessment & Monitoring Division
      5. Investment Promotion & Marketing Division
      6. Administration & Finance Division
  3. As proposed by the Management Board, and upon approval of the regulatory authority, local services may be created in provinces and representative offices abroad.
  4. The services referred to in the previous number are created by Decree of the Holder of Executive Power.
SECTION II
MANAGEMENT BOARD
Article 13
(Role)
The Management Board is the collegiate body of management of ANIP, upon which it is incumbent to deliberate on all its management-related matters.
Article 14
(Nomination & Composition)
  1. The ANIP - National Agency for Private Investment Management Board is nominated by Decree of the Holder of Executive Power.
  2. The ANIP - National Agency for Private Investment Management Board consists of three directors, one of whom being the Chair, expressly designated in the nomination decree.
  3. Aside from its Chair, the Management Board shall have a director for the Technical and Legal Affairs Area, and another for the Statistics, Administrative, and Assets Area.
  4. In the absence or impediment of the Chair of the Management Board, he/she shall designate one of the Directors as his/her substitute. Failing designation, the longest-standing member shall substitute him/her or whomsoever the oversight body shall indicate.
Article 15
(Duration & Termination of Mandate)
  1. The duration of the Management Board mandate is of three years, which may be renewed for equivalent periods.
  2. Members of the Management Board may be dismissed at any time by a Decree issued by the Holder of Executive Power, independent of any dismissal to which they are subject as the consequence of a disciplinary process or of any other situation that impedes the continuity of the exercise of their mandates.
Article 16
(Dissolution of Management Board)
  1. The Management Board may be dissolved by the Holder of Executive Power, owing to the practice of serious or repeated infringements of the regulations governing ANIP - National Agency for Private Investment, or owing to non-compliance with the Action Plan, or substantial deviations between the budget and execution of the Plan.
  2. The Management Board may also be dissolved in the event of restructuring or as the consequence of a change in orientation by the Holder of Executive Power as to its respective management.
  3. In the cases referred to in the previous number, members of the Management Board shall continue to exercise their functions until a new Management Board is appointed, except for those situations in which the Restructuring Committee or a Management Committee is expressly designated to substitute it in the full exercise of its functions.
Article 17
(Responsibilities)
  1. Within the scope of the ANIP - National Agency for Private Investment’s guidelines and management, it is incumbent on the Management Board to:
      1. Represent ANIP - National Agency for Private Investment, through its Chair, and to define its strategies.
      2. Approve the Annual Action Plan, as well as the budget and other management forecasting instruments legally provided for.
      3. Approve the regulations provided for in the Statute and those that are necessary to the Management Board in performing its tasks, in particular, drawing up and publishing the respective technical norms and specifications.
      4. dApprove regulations governing its functioning.
      5. Advise on legislative measures, regulations, or planning within the scope of its functions.
      6. Perform other routine management acts arising out of the application of the Statute and necessary to the proper functioning of services.
  2. Within the areas of financial and asset management, it is incumbent on the Management Board to:
      1. Approve the annual budget and ensure its respective execution.
      2. Approve the annual management accounts, and annual balance sheet and monthly interim balance sheets.
      3. Decide on asset-management rules.
      4. Accept donations, inheritances, or legacies.
      5. Decide on the taking up of stakes in venture capital companies and commercial companies.
      6. Ensure conditions to exercise proper financial and budgetary control of legal activities.
  3. In the performance of legal acts, ANIP - National Agency for Private Investment is represented by the Chair of the Management Board or by a representative especially designated under the terms of this Statute.
Article 18
(Assignment of Tasks)
In the exercise of his/her mandate, the Chair of the Management Board shall distribute tasks related to the management of ANIP - National Agency for Private Investment, to the other members of the Board, corresponding to the areas for which they are responsible.
Article 19
(Functioning)
  1. The Management Board shall meet, ordinarily, once a month, and extraordinarily whenever the Chair summons it, on his/her own initiative or at the request of two of its members.
  2. The Management Board may only validly pass resolutions when the majority of its members are present.
  3. Abstention from voting is prohibited.
  4. The minutes of meetings must be approved and signed by all members present.
  5. The Chair of the Management Board may invite members of bodies and services belonging to ANIP - National Agency for Private Investment, or even other people especially invited for that purpose, to participate in Management Board meetings.
SECTION III
Chair of ANIP - National Agency for Private Investment
Article 20
(Chair)
  1. The Chair is the individual management body of ANIP - National Agency for Private Investment.
  2. The Chair is, by inherency of functions, the Chair of the ANIP - National Agency for Private Investment Management Board.
  3. The Chair's mandate coincides with that of the Management Board.
  4. In the event of the absence or impediment of the Chair, his/her functions are exercised by one of the members of the Management Board appointed by him/her.
Article 21
(Responsibilities of Chair)
  1. It is incumbent on the Chair of ANIP - National Agency for Private Investment to:
      1. Propose and execute forecast management instruments and internal regulations shown to be necessary to the functioning of ANIP - National Agency for Private Investment.
      2. Prepare, on the date established by law, the Progress Report and accounts relating to the previous year, submitting them to the approval of the Management Board.
      3. Submit to the regulatory authority and the Court of Auditors the annual report and accounts, duly accompanied by the Audit Committee opinion.
      4. Preside at meetings, manage their proceedings and ensure the execution of their respective resolutions.
      5. Exercise general powers of financial and asset management.
      6. Represent ANIP - National Agency for Private Investment in and out of court.
      7. Nominate and dismiss the holders of managerial and supervisory positions.
      8. Sign all agreements, after approval by the Management Board.
      9. Draft orders and internal instructions shown to be necessary to the operating of services.
      10. jExercise other functions arising out of law or regulations, or as stipulated within the scope of oversight or regulation.
  2. The Chair may delegate or sub-delegate responsibilities to one of the directors.
Article 22
(Procedures)
  1. Within the scope of his/her authority, the Chair of ANIP - National Agency for Private Investment issues rulings, service orders and circulars.
  2. The stipulation in the previous number in no way prejudices other types of procedures being adopted, whether for internal regulations, or within the scope of the hierarchical relation.
SECTION IV
TECHNICAL ADVISORY COMMITTEE
Article 23
(Technical Advisory Committee)
The Technical Advisory Committee is the consulting and support body which is called upon to advise on the definition of the general strategic guidelines of ANIP - National Agency for Private Investment, and other matters related to the Agency’s activity, with a view to contributing to the Management Board’s decision-making.
Article 24
(Composition of Technical Advisory Committee)
  1. The Technical Advisory Committee is composed of the Chair of the Management Board, who presides, and by the directors, departmental managers and supervisors responsible for the different areas in ANIP - National Agency for Private Investment.
  2. The Chair of the Management Board may invite representatives of entities or organizations, which are representative of interests pertinent to ANIP - National Agency for Private Investment, to participate, and also representatives of other public organizations, as well as independent technicians and experts.
  3. At the invitation of the Chair of the ANIP - National Agency for Private Investment Management Board, ambassadors, and accredited trade representatives of countries potentially of importance to foreign direct investment in Angola, may also participate in Technical Advisory Committee meetings.
  4. The exercise of positions on the Technical Advisory Committee is not remunerated, without prejudice to payments to offset expenses and costs or for attendances, in cases where justified.
Article 25
(Responsibilities)
  1. It is incumbent on the Technical Advisory Committee to advise on the following matters:
      1. Annual action plans and progress report
      2. Management report and accounts and Audit Committee’s annual report
      3. Budget and annual report on budgetary execution
      4. dInternal regulations
  2. It is also incumbent on the Technical Advisory Committee to advise on all matters submitted to it by the Management Board or by its Chair.
  3. The Technical Advisory Committee may present suggestions or proposals to the Management Board earmarked to develop or enhance ANIP - National Agency for Private Investment’s activities.
Article 26
(Functioning)
  1. The Technical Advisory Committee shall meet, ordinarily, every six months, and extraordinarily whenever summoned by its chair, on the initiative or at the request of the Management Board, or furthermore at the request of one-third of its permanent members.
  2. The functioning of the Technical Advisory Committee is based on a regulation to be approved by the Management Board of ANIP - National Agency for Private Investment.
SECTION V
(AUDIT COMMITTEE)
Article 27
(Audit Committee)
The Audit Committee is the body responsible for the control of the legality and economic rationality of ANIP - National Agency for Private Investment’s financial and asset management, and of consultation to the Management Board in those areas.
Article 28
(Composition)
  1. The Audit Committee is composed of a Chair and two voting members, with the Chair and a voting member being certified accountants appointed by the Member of the Executive responsible for public finance affairs, and with the other voting member being appointed by the regulatory authority.
  2. The Audit Committee is nominated by the Member of the Executive responsible for public finance affairs. The duration of its mandate is of three years, renewable for an equivalent period, which cannot exceed three consecutive mandates.
Article 29
(Responsibilities)
  1. It is incumbent on the Audit Committee to:
      1. Regularly monitor and control compliance with laws and regulations applicable to budgetary execution, and to the economic, financial and asset situation.
      2. Issue, on the dates established by law, an opinion on the budget and its adjustments and amendments.
      3. Issue, on the dates established by law, an opinion on the Management Board’s annual report and accounts.
      4. Issue an opinion on the acquisition, leasing, divestment and collateralization of immovable assets.
      5. Issue an opinion on the acceptance of donations, inheritances, or legacies.
      6. Maintain the Management Board informed on the results of the checks and audits it performs.
  2. The deadline for the preparation of the opinions referred to in the previous number is 15 days as of the date of receipt of the relevant documents.
  3. In the course of the exercise of its duties the Audit Committee is empowered to:
      1. Obtain any data and clarifications considered essential from the Management Board.
      2. Have free access to all ANIP - National Agency for Private Investment services and documentation, with it being able to request the presence of the respective staff responsible and to call for any clarifications deemed necessary.
Article 30
(Functioning)
  1. The Audit Committee shall meet, ordinarily, every three months and extraordinarily whenever summoned by its Chair, on his/her own initiative, at the request of one of the voting members or at the request of the Management Board.
  2. Audit Committee resolutions are passed by consensus. When it is not possible to obtain consensus, it shall have recourse to voting, with resolutions receiving two-thirds of the vote prevailing.
  3. Abstention from voting is prohibited.
  4. Minutes must be written up at each meeting summarizing the matters addressed in opinions, with the said minutes having to be approved and signed by all members.
SECTION VI
ANIP SERVICES
Article 31
(Boardroom Support Service)
  1. The Boardroom Support Service is encharged with ensuring compliance with and implementation of the decisions and resolutions of the Management Board. This service also acts as the interface between the latter and other ANIP - National Agency for Private Investment bodies and services.
  2. The Boardroom Support Service is also encharged with providing technical administrative support to members of the Management Board.
Article 32
(Responsibilities)
  1. The Boardroom Support Service is responsible for:
      1. Ensuring the execution of all tasks inherent to the functioning of the Management Board.
      2. Preparing Management Board meetings.
      3. Ensuring the execution of the Management Board’s decisions and resolutions.
      4. Acting as a communication channel between the Management Board and the other ANIP - National Agency for Private Investment services and bodies.
      5. Managing the participation of ANIP - National Agency for Private Investment bodies in widely-diverse events.
      6. Being the ANIP - National Agency for Private Investment interlocutor with the Media;
      7. Providing technical and administrative backup for members of the Management Board.
      8. Performing other tasks that may be assigned to it by the Management Board.
  2. The Boardroom Support Service is managed by a manager.
Article 33
(Studies, Planning & Statistics Office)
The Studies, Planning and Statistics Office is responsible for the preparation of sectorial studies, and development studies and research in the country’s overall context, as well as processing statistical data related to the scope of ANIP - National Agency for Private Investment’s activities.
Article 34
(Responsibilities)
  1. The Studies, Planning and Statistics Office is responsible for:
      1. Preparing studies related to best practices for investment incentives and promotions, on both a regional and an international level.
      2. Studying and proposing a series of incentives to stimulate national and foreign investments, according to sectorial and regional priorities.
      3. Preparing studies, research and inquiries, in collaboration with other public organizations and private entities, seeking to identify investment opportunities in the country.
      4. Proposing measures aimed at correcting and annulling all aspects that may penalize the investor.
      5. Cooperating with public organizations involved in the private investment-process chain.
      6. Processing private investment-related statistical data and consolidating all statistical information produced by different areas in ANIP - National Agency for Private Investment.
      7. Registering all private investment projects submitted to ANIP - National Agency for Private Investment, whether approved or not by it and by other bodies, in accordance with the Basic Private Investment Law.
      8. Gathering, processing and analyzing data concerning quantitative and qualitative feedback inquiries on investment in Angola.
      9. Planning feedback inquiries on private investment, whether aimed at companies, promoters, or others deemed necessary.
      10. Organizing a dossier by investment sectors.
  2. 2. The internal structure of the Studies, Planning and Statistics Office is as follows:
      1. Studies and Planning Department.
      2. Statistical Records Department.
  3. The Studies, Planning, and Statistics Office is managed by a manager.
Article 35
(Legal Affairs Office)
The Legal Affairs Office is responsible for advising all ANIP - National Agency for Private Investment services on legal affairs, as well as providing the support required by investors in this area.
Article 36
(Responsibilities)
  1. The Legal Affairs Office is responsible for:
      1. Providing technical-legal support for ANIP - National Agency for Private Investment bodies and services.
      2. Preparing, negotiating and issuing opinions on agreements.
      3. cIssuing opinions, as well as proposing alterations, amendments or revisions to private investment-related regulations.
      4. Preparing disciplinary processes, whenever they arise.
      5. Analyzing and proposing measures and solutions for litigation arising out of investment projects.
      6. Providing support in resolving disputes between investors and the aliens and migration services.
  2. The Legal Affairs Office is managed by a manager.
Article 37
(Assessment & Monitoring Division)
The Assessment and Monitoring Division is responsible for analyzing investment intentions, negotiating agreements and monitoring their implementation.
Article 38
(Responsibilities)
  1. The Assessment and Monitoring Division is responsible for:
      1. Negotiating investment intentions and agreements.
      2. Negotiating and managing the investment incentives system.
      3. Negotiating and managing financial instruments available within the scope of private investment, as well as facilitating access to venture capital funds, in accordance with legislation on fostering private enterprise.
      4. Gathering, analyzing and applying best practices, aimed at benefitting investors and the country.
      5. Monitoring the implementation of approved projects.
      6. Updating and controlling the recording of incentives requested and granted.
      7. Providing personalized support services for investors at the installation phase, (permits, licenses, emigration services, telephone, energy, and water, etc.)
      8. Preparing technical monitoring and verification reports on compliance with special conditions of authorization for investments, and of technology transfers, as well as investment agreements signed with the State.
      9. Overseeing the startup of projects and their completion within the stipulated deadlines, by making monitorization visits.
      10. Researching data, while maintaining organization of same, regarding availability of areas and buildings for the installation of investment projects.
      11. Preparing dossiers inherent to approval of projects negotiated.
      12. Proposing analysis and negotiation methodologies.
      13. Being responsible for the technical, economic and financial assessment of national and foreign investment projects.
      14. Issuing technical economic opinions on national investment agreements, in accordance with the Basic Private Investment Law, respective regulations and other applicable legislation
      15. oExercising other functions determined hierarchically.
  2. The Assessment and Monitoring Division’s internal structure is as follows:
      1. Investment Assessment Department
      2. Monitoring Department
  3. The Assessment and Monitoring Division is managed by a manager.
Article 39
(Investment Promotion & Marketing Division)
The Investment Promotion and Marketing Division is responsible for publicizing policies that foster private investment to business communities, both at home and abroad, as well as promoting economic diplomacy.
Article 40
(Responsibilities)
  1. 1. The Investment Promotion and Marketing Division is responsible for:
      1. Promoting the attraction of foreign investment.
      2. Suitably promoting and preparing the participation of the country in international organizations or meetings on foreign investment-related issues.
      3. Preparing promotional marketing plans for investment in the country.
      4. Providing information on rules and regulations, together with legal and administrative procedure, to potential investors or their representatives.
      5. Intermediating relations between promoters and concessionaires fostering private enterprise measures.
      6. Remaining informed on the publication of matters concerning direct and indirect investments on a national and foreign level.
      7. Attracting foreign investment by way of existing structures in the area of economic diplomacy, namely, trade and diplomatic representations of potential investor countries.
      8. Implementing the communication plan, taking into consideration the positioning defined and the brand image created.
      9. Expanding ANIP - National Agency for Private Investment contacts with national and foreign media.
      10. Organizing the holding of events, namely, national, regional and international seminars, fairs, and workshops, with a view to promoting investment.
      11. Coordinating and creating strategies with public and private sectors of the country’s economic life in order to obtain data on existing investment opportunities in those sectors.
      12. Creating websites and/or other technological platforms that contribute to facilitating communication between those involved in the investment process.
      13. Arranging the printing of promotional publications and materials promoting investment.
      14. Promoting the participation of the national business community in events and partnership initiatives, namely trade missions, seminars, fairs, workshops, and other events.
      15. Promoting the ANIP - National Agency for Private Investment image abroad.
      16. Executing all tasks and initiatives aimed at the realization of events promoting and attracting investment.
      17. Being the link between ANIP - National Agency for Private Investment and the Aliens and Migration Services.
      18. Exercising other functions determined hierarchically.
  2. The Investment Promotion and Marketing Division’s internal structure is as follows:
      1. Investment Promotion Department;
      2. Marketing Department.
  3. The Investment Promotion and Marketing Division is managed by a manager
Article 41
(Administration & Finance Division)
The Administration and Finance Division is responsible for the management of the budget, assets, human resources, and general services.
Article 42
(Responsibilities)
  1. 1. The Administration and Finance Division is responsible for:
      1. Preparing ANIP’s budget proposal in accordance with prevailing legislation.
      2. Defining procedures within the scope of administrative and financial management and monitoring the application of tasks arising out of same.
      3. Preparing the management accounts report.
      4. dDeveloping and preparing an internal accounting and auditing system.
      5. Coordinating ANIP - National Agency for Private Investment tasks of an administrative nature.
      6. Proposing and controlling the proper distribution and utilization of ANIP - National Agency for Private Investment assets.
      7. Planning and ensuring the proper acquisition and distribution of materials and equipment needed by ANIP - National Agency for Private Investment in its activity.
      8. Ensuring that the inventory of ANIP - National Agency for Private Investment assets, and the permanent record of control and coding, are maintained up-to-date, while guaranteeing their safe custody and conservation.
      9. Ensuring the management of personnel in relation to regular presence and compliance with workplace standards of discipline, performance, assessment, training and remuneration.
      10. Organizing, ensuring and maintaining updated the codified computer record of respective individual processes.
      11. Monitoring recruitment, selection and movement of personnel processes, as well as promoting training, retraining, leadership and promotion courses for employees.
      12. Exercising other functions determined hierarchically.
  2. 2. The Administration and Finance Division’s internal structure is as follows:
    1. Accounting, Finance and Assets Department
    2. Human Resources and Administrative Department
  3. The Administration and Finance Division is managed by a manager.
CHAPTER IV
ECONOMIC, FINANCIAL & ASSET MANAGEMENT
Article 43
(Management Principles)
  1. The management of ANIP - National Agency for Private Investment is performed on the basis of the principles of administrative and management autonomy, under the terms of articles 7 and 8 of Decree-Law Nº 1/01, of May 24, 2001, among others:
      1. Independent management
      2. Economic programming
      3. cEconomy of and return on financial resources
      4. Transparency and good governance
  2. ANIP - National Agency for Private Investment must also operate an organized accounting system, in accordance with prevailing legislation.
Article 44
(Acquisition of Goods & Assets)
  1. ANIP - National Agency for Private Investment may acquire goods and services under the terms of Decree Nº 7/96, of February 16, 1996.
  2. ANIP - National Agency for Private Investment is authorized to manage assets belonging to the State assigned to it in the exercise of its functions, by law, by Decree of the Holder of Executive Power or, within the scope of the delegation of powers of the latter, by an executive order issued by the head of the ministerial department of finance and assets, in accordance with prevailing legislation.
Article 45
(Income & Expenditure)
  1. ANIP - National Agency for Private Investment is a budgetary unit, provided for in the General State Budget, within the framework of financial autonomy, being entitled to benefit from funding appropriate to the mission of public interest it pursues.
  2. Without prejudice to that stipulated in the previous number, ANIP - National Agency for Private Investment revenues are:
      1. Income earned from its activity.
      2. Proceeds from the divestment of its assets.
      3. Donations, inheritances, legacies or voluntary contributions that it receives from national or foreign private enterprise.
      4. Other income or amounts assigned to it by law, regulations, agreement, or stakes in commercial or other companies.
  3. ANIP - National Agency for Private Investment expenditure consists of that related to its operating costs, as well as the cost of the acquisition, maintenance, and conservation of goods and services.
  4. As regards expenditure, the Management Board is empowered to authorize, being prohibited from the realization of any outlay without a prior budgetary provision, or of any amount exceeding the limits of forecast figures.
Article 46
(Accounting, Accounts & Cash Flow)
  1. The National Agency for Private Investment - ANIP must abide by the accounting rules established in the National Chart of Accounts enacted by this instrument.
  2. The National Agency for Private Investment - ANIP is subject to the accounting rules provided for in the General State Budget, in accordance with that established in the relevant law.
  3. Annually, ANIP - National Agency for Private Investment shall submit to the Holder of Executive Power and, within the scope of the delegation of powers by the latter, to the Ministerial Department of Finance, the following presentation-of-accounts documents, dated as at December 31 of each year:
      1. Annual progress report.
      2. Annual management accounts, duly accompanied by the respective Audit Committee opinion.
      3. Monthly and quarterly interim balance sheets.
CHAPTER V
PERSONNEL & ORGANIGRAM
Article 47
(Permanent Staff)
  1. National Agency for Private Investment - ANIP personnel are subject to the legal framework governing public administration employees.
  2. The permanent staff of the National Agency for Private Investment shall be established, within a period of 90 days, as of the publication of this Organic Statute, by Decree of the Holder of Executive Power or, within the scope of the delegation of powers of the latter, by an appropriate instrument drawn up jointly by the heads of the Ministerial Departments of Finance and of Public Administration, Employment and Social Security.
  3. Those employees not forming part of the permanent staff are subject to the legal framework governing employment contracts.
Article 48
(Remuneration Schedule)
The management bodies, executive staff and employees of the National Agency for Private Investment benefit from a remuneration schedule providing a salary supplement based exclusively on its own revenue, which is set by a Joint Executive Decree issued by the Ministers of Finance and of Public Administration, Employment and Social Security.
CHAPTER VI
FINAL PROVISIONS
Article 49
(Internal Regulations)
The Management Board must submit a proposal for the internal regulations governing ANIP - National Agency for Private Investment to the regulatory authority for approval, within the period of 90 days subsequent to publication of this Organic Statute.
Article 50
(Professional Secrecy)
  1. ANIP - National Agency for Private Investment members and its bodies, as well as its respective personnel, are subject to maintaining professional secrecy regarding facts to which they may become privy during the course of their duties. They can neither disclose nor make use of the knowledge of such facts to their own advantage or to that of third parties, either directly or through intermediaries, for any purpose whatsoever.
  2. The obligations of professional secrecy shall be maintained, even though persons or entities subject to it under the terms of the previous number cease to be in the service of ANIP - National Agency for Private Investment.
Article 51
(Website)
ANIP - National Agency for Private Investment must publish matters pertinent to investment on its Internet page, namely, laws, regulations, instructions and forms, as well as helpful details, in order to promote the use of this channel of communication by the investor and all those interested in this area, such as academics, university students, researchers and others.


Let it be published.

Luanda, June 2, 2011

The President of the Republic.
JOSÉ EDUARDO DOS SANTOS.