MOZAMBIQUE Law and Practice Contributed by: José Miguel Oliveira, Sara Alves Lourenço, Kenny Laisse and Caio de Mello Ferreira, VdA
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 For the time being, Mozambique has not approved specific domestic legislation dealing with the sulphur content of fuel oil used on board ships – with all this implies in terms of enforce - ment of the international standards on sulphur content limitations. However, there are now some players in the market that have started to provide fuel oil in compliance with the “IMO 2020” regulation. 8.3 Trade Sanctions Mozambique formally recognised and enforced the international economic sanction against Rhodesia (now Zimbabwe) in 1976, and decid - ed to close all its borders with said country, in full implementation of the relevant decisions of the United Nations. However, this was part of a political decision and was enforced by means of a Presidential communication to the nation, pub - lished in the official gazette on 3 March 1976. Mozambique has not approved any statute specifically governing the enforcement of inter - national trade sanctions. However, the Bank
of Mozambique has approved Notice No 10/ GBM/2024 of 30 August 2024 containing the rules and procedures to be adopted by com - mercial banks in order to conduct proper KYC and risk assessment analysis in relation to all operations requested by their clients, and to ensure compliance with any applicable interna - tional sanctions. Currently, there are sanctions in place against individuals and legal entities in Mozambique, in particular the Islamic State operating in Cabo Delgado Province. 8.4 International Conflict(s) Mozambique remains neutral on the war in Ukraine. It has called for dialogue and abstained in the UN General Assembly’s resolutions con - demning Ukraine’s invasion by Russia. No sanc - tions on Russian individuals and/or entities by the Mozambican government are currently in place. 9. Additional Maritime or Shipping Issues 9.1 Other Jurisdiction-Specific Shipping and Maritime Issues As part of the ongoing legislative reforms, the Mozambican government, through the Insti - tute of Maritime Transport (ITRANSMAR), has launched a tender for the review of the main stat - utes dealing with maritime and shipping matters, with the aim of codifying the key matters in a single statute, to be complemented by specific regulations on a case-by-case basis. INAMAR also sought an opinion from the private sector, through the CTA – Confederation of Economic Associations of Mozambique – on the proposal for a Regulation on Maritime Cabotage Trans - port.
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