TIMOR-LESTE DESK

1 | Editorial

2 | Decree-Law no. 2/2014 of 15 January – First amendment to Decree-Law no. 42/2012, of 7 September which approves the Legal Framework for Public-Private Partnerships

3 | Regulation no.1/2014 of 15 January, by the National Petroleum Association (“NPA”) on the Quality Standards

and Specifications of Fuels, Biofuels and Lubricants

4/5 | Legal News

With wishes of a happy new year to all of our clients, partners and friends, Abreu e C&C Advogados launches its 1st

Aware in 2014.

In this issue of Aware, in which we address Decree-Law no.2/2014, of 15 January 2014, introducing the first amendment to the Legal Framework for Public-Private Partnerships and Regulation no. 1/2014, of 15 January, 2014 by the National Petroleum Authority, we bring monitoring of the legislative output in Timor-Leste in 2013 to a close, and begin the new year.

We call your attention, as of now, to the next issue of Aware in which we will address the 2014 State Budget, in detail.

Again, we would like to express our best wishes for an excellent 2014, and hope you appreciate this issue of Aware.

Abreu e C&C Advogados - Timor-Leste

February | 2014

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EDITORIAL

Bernardo Correia Barradasbernardo.c.barradas@abreuadvogados.com

Elisa Pereiraelisa.pereira@abreuadvogados.com

This piece of legislation brings significant alterations to the Legal Framework on Public-Private Partnerships, amending articles 1., 2., 3., 6., 7., 8., 11., 16., 17. and 21., as well as Annex II.

From among the amendments, we must refer article 3. no. 2, transferring the signature of the agreement to the relevant Minister (where as previously, it was centralized under the Ministry of Finance), article 11. eliminating the non-subsidiary application of the Procurement Legal Regime (now provided for under article 6. no.2) and article 16., which permits the application, even if on a subsidiary basis, of the Legal Regime for Public Procurement.

Additionally, article 22., which provided for the applicability of the Decree-Law on public-private partnerships executed before this order entered into force, has been revoked, but the reach of this is unclear, specifically if the intention of this Decree-Law is to exclude a partnership which is already underway from applicability, and if so, which will be the applicable legal framework.

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DECREE-LAW NO. 2/2014 OF 15 JANUARY – FIRST AMENDMENT TO DECREE-LAW NO. 42/2012, OF 7 SEPTEMBER WHICH APPROVES THE LEGAL FRAMEWORK FOR PUBLIC-PRIVATE PARTNERSHIPS

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In this Regulation the NPA establishes the applicable specifications for all Fuels, Biofuels and Lubricants which are imported, produced, provided, sold and used in national territory.

The Regulation covers: Liquefied Petroleum Gas, Autogas, Gasoline, kerosene, Automotive Gas Oil, Marine Gas Oil, Fuel Oil, Heating Gas Oil, Avgas 100 LL, Jet-A1, Marine Fuel, Turbo-generator Fuel, Biodiesel and Bioethanol.

The financial penalties provided for in this Regulation range from the minimum of 250.00 USD (two hundred and fifty U.S. dollars) for light violations committed by natural persons, to a maximum of USD 1,000,000.00 (one million U.S. dollars) for legal persons who implement consumption or sale of Fuels, Biofuels and Lubricants that do not follow the specifications which have now been set forth, or that use coloured Fuel under circumstances which have not been provided for.

This Regulation also establishes a transition period of one year, applicable to imports and import agreements.

In respect of domestic production and mixing, the Regulation is applicable following the date on which it enters into force, but there is no mention regarding sales, supply and use.

REGULATION NO.1/2014 OF 15 JANUARY, BY THE NATIONAL PETROLEUM ASSOCIATION (“NPA”) ON THE QUALITY STANDARDS AND SPECIFICATIONS OF FUELS, BIOFUELS AND LUBRICANTS

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National Parliament Resolution no. 15/2013 of 16 October – Approves the 2014 Action Plan and National Parliament Budget.

Government Resolution no. 25/2013 of 16 October – Approves the Procurement Procedure for the Creation of a National Register.

Ministry of Public Works: Ministerial Order no. 18/2013 of 16 October which revokes Article 1, no.3 of Ministerial Order no. 13/MOP/2013 of 28 August – Certification Models for the Public Works Sector.

Ministry of State Administration: Ministerial Order no. 19/2013 of 16 October – Regulation of the Procurement Legal Regime regarding the Integrated District Development Plan.

Decree-Law no. 12/2013 of 30 October – First Amendment to the statute on the General Employment Inspectorate, approved by Decree-Law no. 19/2010, of 1 December.

Presidential Decree no. 27/2013 of 30 October – Appointing Mrs Ana Pessoa to serve as Alternate member of the Superior Council of Judicial Magistrates.

Government Resolution no. 27/2013 of 13 November – Appointing Carmelita Caetano Moniz, member of parliament, to serve as Alternate member of the Superior Council of Judicial Magistrates.

Decree-Law no. 13/2013 of 27 November – National Commission for Combat Against HIV-AIDS in Timor-Leste.

Government Resolution no. 28/2013 of 4 December – Approving procurement for the creation of a National Register.

Ministry of State Administration: Ministerial Order no. 22/2013 of 4 December – Financial Procedures for the Sucos Structures as provided for in the National Programme for the Development of Sucos.

Government Decree no. 3/2013 of 10 December – National mourning in honour of Nelson Mandela.

National Parliament: Vote no. 3/2013 – On the condolences for the death of Nelson Mandela.

National Parliament Resolution no. 2/2013 – Creation of an Ad hoc Commission for Collec-tion and Assessment of Consensual Amendment Proposals for Draft Law no. 10/III(2.nd) – 2014 State General Budget.

Ministry of Public Works: Ministerial Order no. 23/MOP/2013 of 11 December – Organic Operational Structure of the General Directorate of Water and Sanitation of the Ministry of Public Works.

LEGAL NEWS

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This Aware is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects that arereferred. Readers should take legal advice before applying the information contained in this publication to specific issues or transactions.For more information please contact us at timor.leste@abreuadvogados.com or ccadvog@ccadvog.com

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Public Works Ministry: Ministerial Order no. 24/MOP/2013 of 11 December –Organic Operational Structure of the General Directorate of Energy of the Ministry of Public Works.

Ministry of Public Works: Ministerial Order no. 25/MOP/2013 of 11 December – Organic Operational Structure of the General Directorate of Public Works of the Ministry of Public Works.

Ministry of Public Works: Ministerial Order no. 26/MOP/2013 of 11 December – Organic Operational Structure of the General Directorate of the Corporate Services of the Ministry of Public Works.

Court of Appeals Resolution no.4/2013, of 5 December 2013 – Approval of the 2014 Annual Action Plan.

Decree-Law no. 14/2013 of 18 December – Exceptional payment of one month’s base salary in the public sector.

Ministry of Education: Ministerial Order no. 27/ME/2013 of 18 December –Restructuring of Vocational and Technical Courses for Approval and Publication of New Course List.

National Parliament Resolution no. 16/2013 of 18 December – Condemning the Actions of the Australian Intelligence Agency.

Order no. 021/PM/XII/2013 of the Prime Minister appointing Ms Maria Madalena Brites Boavida to serve as non-executive member of the Board of Banco Central de Timor-Leste.

Presidential Decree no. 1/2014 of 8 January: appointing Mr Marciano Octávio Garcia da Silva to serve as Ambassador Extraordinary and Plenipotentiary to the Swiss Confederation (Switzerland), residing in Geneva.

National Parliament Resolution no. 1/2014 of 8 January – approving the general State Accounts for 2012.

Decree-Law no. 1/2014 of 15 January – Regarding the Inter-ministerial Coordination Committee and the Inter-ministerial Technical Work Group for Local Development.

Decree-Law no. 2/2014 of 15 January – First Amendment to Decree-Law no. 42/2012, of 7 September, approving the Legal Framework for Public-Private Partnerships

Decree-Law no.3/2014 of 15 January – First Amendment to Decree-Law no. 7/2012, of 15 February, establishing the Statute of the University Teaching Career

Government Resolution no. 1/2014 of 15 January – National Commission Against Child Labour.

National Petroleum Authority: Regulation no. 1/2014 of 15 January on the Quality Standards and Specifications of Fuels, Biofuels and Lubricants.

The information contained in this issue of Aware does not preclude consultation of the Official Gazette of the Democratic Republic of Timor-Leste. Notwithstanding its best possible efforts, Abreu e C&C Advogados – Timor-Leste, Lda., cannot guarantee the accuracy of the information provided here, which must not be considered as legal or professional advice but merely, as generic information.

LEGAL NEWS

ABREU E C&C ADVOGADOS - TIMOR-LESTE, LDA