We hereby inform the business community and other interested parties that the Regulations for Preventing and Combating Money Laundering and Financing of Terrorism and the Proliferation of Weapons of Mass Destruction ("AML/FTPWMD") in the Mining Sector have been approved by the Ministry of Mineral Resources and Energy through Ministerial Diploma No. 33/2025 of 26 March (hereinafter referred to as "MD 33") , with a view to regulating the form of compliance with the AML/FTPWMD duties with a greater focus on mining holders involved in the extraction and marketing of precious metals and gems.
MD 33 applies to the entity that supervises the mining activity, a natural or legal person that acquires or acts, in any capacity, in the purchase and sale operations and transactions carried out by mining holders in any capacity, with greater incidence on transactions of precious metals and gems. Its scope extends to agents, mediators, transporters, importers and exporters, cutters, polishers and manufacturers of rough diamonds, precious metals and gems in the Mozambican territory.
The entities within the scope of MD 33 must establish and implement AML/FTPWMD policies, which cover at least the procedures and controls aimed at:
- identifying and performing due diligence for the qualification of customers and others involved in the operations they carry out, including the respective beneficial owners;
- identifying politically exposed persons involved in the operations;
- identifying persons affected by orders to make assets unavailable issued by the United Nations Security Council or its sanctions committees;
- properly registering their operations;
- monitoring, selecting, and analysing atypical or suspicious operations and situations;
- reporting suspicious transactions to GIFiM, no later than the working day following the conclusion as to the existence of suspicious transactions or proposals for transaction.
Among the main innovations, it is worth highlighting the fact that, regarding the duty of reporting, the entities within the scope of MD 33 must submit to the Ministry that supervises the area of mineral resources a declaration of non-occurrence of operations when no operations or proposals for operations are identified over the course of a calendar year, that must be reported to the GIFiM, by 31 January of the year following the calendar year in which no operations or proposals for reportable operations have been identified.
They must also register their clients, keep the register up to date with the Ministry that oversees the area of mineral resources and keep the records of clients and operations, AML/FTPWMD documents and policy manuals for a minimum of 10 years.
In addition, we inform that MD 33 entered in force on March 26, 2025.
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