On the 18th of January 2023, Decree-Law n.º 5/2023, of 17th January, came into force, which regulates the bases for the concession of the public service for internal regular air transport of passengers, cargo and mail, as well as  the basis of public service obligations.

The aforementioned legal diploma provides for the possibility, through a tender and the consequent conclusion of a concession contract, for one or more air carriers to operate regularly on a route, on a set or on all national internal routes, as well as the possibility of concession under a of exclusivity when the public interest and/or the costs and benefits justify it.

All certified and validly licensed air carriers operating or intending to operate on Cape Verde’s internal air routes are subject to the aforementioned legal diploma.

Moreover, under the terms of the same legal diploma, a number of aspects are regulated, including:

• The possibility of remuneration for the concession, either through financial compensation to the concessionaire, or through payment of an income to the granting entity;
• Compulsory civil liability insurance; insurance relating to concession risks; civil liability insurance to cover material and bodily damage caused to third parties; etc.

Finally, with regard to public service obligations, the Decree-Law in question provides for the possibility of imposing the blockade up to seventy-two hours before departure of the flight, to and from Santiago and São Vicente, a maximum of three places for the transport of patients evacuated by medical order.

Concession, Suspension and Revocation of the Certificate of Emigrant Investor

The Regulatory Decree no. 1/2023, of 16 January 2023, entered into force on 18 January 2023, regulating the administrative procedure for the concession, suspension and revocation of the certificate of emigrant investor.

The referred diploma arises by force of the provisions of paragraphs 4 and 6 of article 20 of Law no. 73/IX/2020, of 2 March, which establishes the norms that regulate direct investment by emigrants in Cape Verde.

According to the above mentioned Decree-Regulation, it is the responsibility of the service responsible for the execution of the Government policies regarding the Cape Verdean communities established abroad to issue the certificate of the emigrant investor.

It is worth highlighting that if the emigrant investor no longer meets the requirements for obtaining the status of emigrant investor, this same service may suspend the certificate until the causes that generated the suspension are resolved.

Besides that, the mentioned Regulating Decree establishes as one of the causes for revoking the certificate the erroneous or false information provided at the moment of submission of the certificate request.

Furthermore, under the terms of the same legal diploma, the said certificate is valid for a period of five (5) years, renewable for an equal period if the bearer still meets the necessary requirements for that renewal.

Finally, the above-mentioned diploma approves the model of the certificate of the emigrant investor.

Carla Monteiro, OneLegal Partner