The Governor
# INSTRUCTION N° 003/GR/2022 Specifying the conditions and modalities for opening and operating foreign currency accounts of resident extractive companies.
The Governor,
Having regard to the Statutes of BEAC in force;
Having regard to Regulation N° 02/18/CEMAC/UMAC/CM du f 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. 005/GR/2019 of 10 June 2019 on the conditions and modalities of operation of foreign currency accounts of residents and non-residents;
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 specific rules and procedures applicable to the opening, regularisation and operation of foreign currency accounts of resident extractive companies.
Extractive companies are defined in the Regulation on the implementationof certain provisions of the foreign exchange regulations by resident extractive eompanies. 9
Article 2. - This Instruction applies to extractive companies instead of Instruction n°005/GR/2019 of 10 June 2019 on the terms and conditions for opening and operating foreign currency accounts of residents and non-residents.
Only the provisions of this Instruction relating to foreign currency accounts in CEMAC shall apply to transporters and subcontractors of resident extractive companies as defined by this Instruction in Article 3, subject to its provisions in Article 10.
Article 3. - 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.
In the context of this Instruction, extractive companies, subcontractors and transporters are referred to together as "extractive sector companies".
Article 4. - Companies in the extractive sector may open foreign currency accounts in CEMAC, after prior authorisation by the Central Bank, under the terms and conditions set out in this Instruction.