VdA

ANGOLA | New Tax Benefits Code

As per Law No. 8/22, of April 14, 2022, the new Tax Benefits Code (the “Act”) has been enacted, which seeks to bring together in a single act every tax benefit existing in Angola, their rules and conditions.

PORTUGAL | New VAT Rates Directive

Directive - The Directive modernizes the VAT Directive’s rules on the applicable rates, aiming at a greater flexibility of Member States in the application of reduced rates.

PORTUGAL | Landmark Jurisprudence

The Portuguese Administrative Arbitration Center (“CAAD”) recently published a decision within case no. 217/2021-T that may be of interest to taxable persons based in countries with a more favorable tax framework (...)

ANGOLA | Draft Law – Tax Benefits Code

Parliament has approved the Draft Law on the Tax Benefits Code (the “Act”), which seeks to bring together in a single act every tax benefit existing in Angola, their rules and conditions.

PORTUGAL | WHT Applicable to dividends obtained by non-resident collective investment undertakings

The European Court of Justice (ECJ) confirmed today that the withholding tax (WHT) applicable in Portugal on dividends paid to non-resident collective investment undertakings is incompatible with EU Law, in line with the arguments that we have sustained at the referring proceeding (...)

ANGOLA | Legal Regime of Telework

Presidential Decree NO. 52/22, dated 17th February 2022, creates the legal regime of telework, entering into force on 20th March 2022.

PORTUGAL | European Corporate Sustainability Due Diligence Directive Proposal

In April 2020, the EU Justice Commissioner announced that the European Union was committed to legislate on mandatory human rights and environmental due diligence.

PORTUGAL | EU Directive proposal to prevent the misuse of shell entities for tax purposes

On December 22, 2021, the European Union (“EU”) Commission released the proposal for a Directive to prevent the misuse of shell entities for tax purposes and amending the Directive on Administrative Cooperation in the field of taxation (“DAC”).

PORTUGAL | The Basics of Decree-Law 109-D/2021

Decree-Law 109-D/2021, of 9 December 2021 (DL 109-D/2021) partially transposes EU Directive 2019/1151 of the European Parliament and of the Council, of 20 June 2019 (“Directive 2019/1151") to the domestic legal order.

Portugal | New Legal Framework Of The Sen | Decree-Law No. 15/2022, Of 14 January Self-Consumption

Decree-Law no. 15/2022, of 14 January 2022 (“DL 15/2022”) is the new piece of the legislation applicable to self-consumption and energy communities, which had so far been regulated by a separate act.

EQUATORIAL GUINEA | 2022 General State Budget Law

Equatorial Guinea’s 2022 State Budget was enacted by way of Law 3/2021, of 3 December 2021.

PORTUGAL | Amendments to the Commercial Companies Code

Since December 2021, the Portuguese Commercial Companies Code (“PCCC”) has been subject to several amendments, namely in terms of the governance of commercial companies, the subtypes of public limited companies (by shares*), in terms of multiple-vote and corporate crimes and penalties.

PORTUGAL | GDPR Fines Tracker - Cookies: 210m€ Fine Imposed to Google and Facebook

The French Data Protection Authority fines Google (150M euros) and Facebook (60M euros) due to non-compliance with cookies regulation.

PORTUGAL | Contribution on Single-Use Plastic Packaging

Ministerial Order no. 331-E/2021, of 31 December, was published, regulating the contribution on single-use packaging made of plastic or aluminium purchased in ready-to-eat meals, provided for in article 320 of Law no. 75-B/2020, of 31 December, which approved the State Budget Law for 2021.

PORTUGAL | Climate Framework Law

Law 98/2021 laying down the foundations of climate policy was published on 31 December 2021 and comes into force on 1 February.

PORTUGAL | New Legal Framework for the National Electricity Sector Dl 15/2022, of 14 January 2022

Decree-Law no. 15/2022, of 14 January 2022 (“DL 15/2022”) was published on 14 January. The act was approved following a public consultation period that included over 160 contributions from players of the energy sector.

PORTUGAL | General Whistleblower Protection Framework

Law 93/2021 establishing the general whistleblower protection framework (“RPDI”) and transposing Directive (EU) 2019/1937, of 23 October 2019, on the protection of persons who report breaches of Union law (“Directive”), was published December 20, 2021.

MONITORING,CONTROL, REMOVAL AND PREVENTION OF ACCESS TO PROTECTED CONTENT IN THE DIGITAL ENVIRONMENT

Law no. 82/2021 was published, approving the rules and procedures for the monitoring, control, removal and prevention of access to protected content in the digital environment, and imposing new obligations on intermediary networking service providers.

PROPOSAL FOR THE 2022 GENERAL STATE BUDGET LAW

It has recently been made available the Proposal for the 2022 General State Budget Law (“State Budget Proposal”).

Timor-Leste | New Voluntary Arbitration Regime

Law no. 6/2021, of 31 March (“Law 6/2021”), which enacts the voluntary arbitration law (“VAL”) and for the first time amends the Code on Civil Procedure (“CCP”), was published in the Timor-Leste Official Gazette.

Angola | Accession of Angola to the Washington Convention (ICSID Convention)

The National Assembly of Angola approved Resolution No. 63/21, of September 1st, which approves Angola's accession to the Convention for the Settlement of Disputes arising from Foreign Investment Contracts between States and nationals of others concluded in 1966.

Portugal | WTH non-EU Funds

WHT applicable to dividends obtained in Portugal by non-EU investment funds.

Portugal | Enactment of the ZLT framework act – Technological Free Zones

The testing and trial of technology-based innovative technologies, products, services and processes now benefit in Portugal from an innovative, structured and cross-sector approach, as approved by the legal framework for the creation of the so-called Technological Free Zones (ZLTs).

Portugal | TRADE OF DUAL-USE ITEMS: NEW EU RULES ADOPTED

Regulation (EU) 2021/821, of 20 May, setting up a new Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items and reformulating the previous regime provided for by Regulation (EC) 428/2009, of 5 May 2009, entered into force on 9/Sep/2021.

Portugal | REGULATION OF THE LEGAL FRAMEWORK FOR CYBERSPACE SECURITY

The regulation of the Cyberspace Security Legal Framework was published, with impact on operators of critical infrastructures and essential services, digital service providers and the Public Administration.

Portugal| Amendment to the Regional Regime Of Space Activities

The first amendment to the licensing regime for space activities in the Autonomous Region of the Azores ("RAA") was published on July 22nd as approved by Regional Legislative Decree No. 9/2019/A of 9 May.

Mozambique | Decree-Law No. 2/2021, of 9 August

On August 9, 2021, the Decree-Law No. 2/2021 was published, introducing amendments to articles 377, 714, 875, and 1143 of the Civil Code, approved by Decree-Law No. 47344, of November 25, 1966. This Decree-Law introduces and recognizes a new form for mortgage, purchase and sale and loan agreements.

MOZAMBIQUE | Amendments to the Investment Law Regulation approved by Decree No. 43/2009, of 21/08

With the aim of adapting national and foreign investment processes to a new institutional framework of coordination and in the context of a policy to attract and facilitate those investments, this Decree was approved, introducing amendments to the Investment Law Regulation.

Angola | Exchange Policy

Exchange Policy The National Bank of Angola (“BNA”) recently published, in the use of its powers, the following pieces of legislation Notice no. 4/21 of 14 April 2021 and Notice no. 5/21 of 14 April 2021

EU | U-SPACE PACKAGE

The European Commission adopted on 22 April the U-space package, a part of the Sustainable and Smart Mobility Strategy and Action Plan, announced in December 2020.