ANGOLA Law and Practice Contributed by: José Miguel Oliveira, Sara Alves Lourenço, Caio de Mello Ferreira and João Saiago Canjeque, VdA
8. Implications of Non- Performance, the IMO 2020, Trade Sanctions and the War in Ukraine 8.1 Force Majeure and Frustration If the parties have not included force majeure or hardship clauses in their contract(s), it is particularly important to take into considera - tion the general Angolan legislation, namely the provisions of the Civil Code regarding abnormal changes in circumstances (Articles 437 and 438) or impossibility of performance of contacts (Arti - cles 790 to 793). Abnormal Changes in Circumstances Article 437 of the Civil Code applies whenever the circumstances on which the parties based their decision to enter into an agreement have suffered an abnormal change. As a result, the party that has been adversely affected by that change may terminate the agreement or ask for its modification based on equity, provided the party demonstrates that it could not have pre - dicted the event and its consequences and that there is a causal link between the event and the failure to perform. However, the above-mentioned regime includes very strict requirements in order to be invoked, since it is not enough to demonstrate the diffi - culty in performing the contract, but rather that the abnormal change is not covered by the risks inherent to the contract, and that requiring the performance of the agreement is contrary to the principles of good faith. Impossibility of Performance If the contract becomes impossible to perform, Articles 790 to 793 of the Civil Code are applica - ble, establishing different consequences based on whether the impossibility is total or partial and definitive or temporary.
8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil There is no track record regarding the imple - mentation of the “IMO 2020” rule concerning the limitation on sulphur content of fuel oil used on board ships in Angola. This matter was addressed by Presidential Decree No 141/12 of 21 June 2012, which approved the Regulation for the Prevention and Control of the Pollution of National Waters, where it is prescribed that: • the sulphur content of fuel oil used on board ships must not exceed 4.5% mass by mass (m/m) within ports; • the sulphur content of fuel oil used on board ships must not exceed 1.5% m/m in inland waters; or • the ship must have installed an exhaust gas cleaning system duly approved in accordance with the criteria and specifications contained in the international certificates for the preven - tion of air pollution. The Ministry of Environment is the authority responsible for supervising and controlling the enforcement of the above-mentioned sulphur content limits. Given that the implementation of the IMO 2020’s sulphur content limits is still pending, no enforce - ment actions or proceedings/sanctions have taken place or are taking place in this regard. 8.3 Trade Sanctions The recognition of international trade sanctions in Angola is governed by: • Law No 5/20 of 27 January 2020, as amend - ed (the Law on the Prevention and Combating
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