Angola – Freight Forwarder Legal Regime

The activity of freight forwarder and logistics provider (hereinafter “freight forwarder”) is subject to a new legal regime in Angola as enacted by Presidential Legislative Decree 9/23, of 23 October 2023 (PLD 9/23). Below is an outline of the new regime:

1. Classification of Freight Forwarders: There are four types of freight forwarders as follows:

• Class A – A company that provides the basic service of moving products from one place to another on behalf of a client;
• Class B – A company that is internationally defined as a Third Party Logistics (3PL) provider;
• Class C – A company that is internationally defined as a Fourth Party Logistics (4PL) provider;
• Class D – A company that is internationally defined as a Fifth Party Logistics (3PL) provider.

2. Excluded entities: The following entities are specifically excluded from PLD 9/23:

• Customs brokers;
• Shipping agents;
• Ship owners;
• Port, airport, railway or road operators.

4. License: The freight forwarder activity is subject to licensing to be issued by the regulator “Entidade Reguladora de Certificação de Carga e Logística de Angola” (Angolan Regulator for Cargo and Logistics Certification). License applications must be processed within 15 days. The license is valid for 5 years, renewable for equal periods.

4. Special Purpose Entity: Freight forwarder companies must be exclusively dedicated to freight forwarding and ancillary activities.

5. Minimum Share Capital: Freight forwarder companies must have a minimum share capital equivalent to USD 10.000,00.  In the case of 3PL and 4PL providers the minimum share capital is set at USD 30.000,00.

6. Reporting obligations:  Freight forwarders must submit their financial statements to the regulator on an annual basis. In addition, the appointment of board members must also be informed to the regulator.

7. Insurance: Freight forwarders must have civil liability insurance as required by law.

8. Technical Director: The staff must include a “freight forwarder technical director” with a minimum 5 years’ experience approved by the regulator.

9. Fees: The fees that freight forwarders can charge are regulated as follows:

• Customs clearance services provided by the freight forwarder – To be agreed between freight forwarder and client;
• Customs clearance services provided by a third party – Maximum of 1.5% of cargo value;
• Cargo transportation – Maximum of 3%;
• Stevedoring services – Maximum of 2%;
• Storage – Maximum of 2%.

10. Penalties: Penalties/fines of a minimum of Kz.308.000 (roughly USD 370) and a maximum of Kz. 3.000.000 (roughly USD 3.600) can apply in case of breach of PDL 9/23. In case of serious offences, the license may be suspended or cancelled.

The following previous laws are specifically repealed:

• Order (Portaria) 5.560, of 12 June 1946;
• Decree 68/89, of 11 December 1989;
• Executive Decree 9/90, of 31 March 1990;
• Executive Decree 95/09, of 29 September 2009
• Joint Executive Decree 64/10, of 16 June 2010.

PDL 9/23 will enter into force on 22 December 2023 (60-day grace period).

If you have any questions, please get in touch with Rui Amendoeira at rui.amendoeira@onelegal.pt