The Governor
# INSTRUCTION N° 002 /GR/2022
Specifying the conditions and modalities of declaration, domiciliation, repatriation and discharge of exports of goods and services by resident extractive companies.
# The Governor,
Having regard to the Statutes of BEAC in force;
Having regard to the CEMAC Customs Code Regulation;
Having regard to Regulation No. 02/18/CEMAC/UMAC/CM of 21 December 2018 on the regulation of foreign exchange in CEMAC;
Having regard to Regulation No. 01/21/CEMAC/UMAC/CM of 23 December 2021 on the modalities of implementation of certain provisions of the foreign exchange regulations by resident extractive companies;
Having regard to Instruction No. 006/GR/2019 of 10 June 2019 on the conditions and modalities for the domiciliation, declaration and payment of exports of goods and services;
Considering the specificity and complexity of activities in the CEMAC extractive sector;
Considering the need for a full and harmonious application of exchange regulations in conformity with the monetary cooperation agreements in force,
# Issues the following Instruction:
# Section 1: General provisions
Article 1. - The purpose of this Instruction is to specify the conditions and modalities for the declaration and domiciliation of exports, the repatriationgfexport receipts and
the discharge of export files for goods and services by extractive companies, with the exception of subcontractors and transporters as defined in paragraph 3 of this article.
Extractive companies are defined in the Regulation on the modalities of implementation of certain provisions of the CEMAC exchange regulations by extractive companies.
Within the meaning of this Instruction:
Transporters means companies transporting hydrocarbons or minerals from third countries by pipeline, as well as companies or undertakings operating, on a principal basis, pipelines, installations or other equipment or any means of transporting hydrocarbons and minerals from the production sites of extractive companies to processing and transformation plants or to an export terminal. The activity is considered principal when the turnover resulting from the transport of hydrocarbons or minerals exceeds 50% of the transporter's total turnover;
subcontractors are resident enterprises or companies whose main activity is related to the execution of a contract or agreement with one or more extractive industries relating to the fulfilment of the corporate purpose or the execution of a contract of an extractive industry company. The activity is considered principal when the turnover resulting from the performance of the contractual services with the company exceeds 50% of the total turnover of the subcontractor.
Article 2. - This Instruction applies to extractive companies within the meaning of this Instruction, in lieu of Instruction No. 006 of 10 June 2019 on the conditions and modalities of declaration, domiciliation and settlement of exports of goods and services.
Article 3. - Any export of goods or services, carried out by an extractive company, subject to the obligation of domiciliation, is declared to the Central Bank under the terms and conditions provided for in this Instruction.
Article 4. - Any export of goods or services by an extractive company with a value of at least ten (10) million CFA francs is domiciled.