Mozambique | Creation of the National Petroleum Products Acquisition Company

The Government of Mozambique has approved Decree No. 33/2026 of 15 July, which creates the Empresa Nacional de Aquisições de Produtos Petrolíferos, Empresa Pública ("ENAPP, EP") and approves its articles of association. The new public company succeeds the Operadora de Aquisições de Combustíveis Líquidos, IMOPETRO, Lda., and is granted an exclusive mandate to manage the national process of acquiring petroleum products for the domestic market.

Background and rationale

ENAPP EP was created in response to the need to improve the national system for acquiring petroleum products. The aim is to ensure efficient, economical and permanent supply, while strengthening transparency, predictability and energy security, and optimising international contracting and the logistics of the acquisition process.

Creation, nature and governance

ENAPP, EP is established as a public-law legal entity, endowed with legal personality and administrative, financial and asset autonomy. Sectoral oversight is exercised by the Minister responsible for Energy, while financial oversight is exercised by the Minister responsible for Finance. Headquartered in Maputo, the company operates nationwide and has the option of opening delegations or other forms of representation domestically or abroad.

ENAPP, EP’s establishment reflects a structural change in the institutional model governing national procurement activities, shifting from a regime in which functions were managed by a private-sector entity established by industry operators, to a model in which those functions are entrusted to a public entity created by the state and subject to public sectoral and financial oversight.

Corporate object and exclusivity regime

ENAPP, EP's principal object is the exclusive provision of agency, intermediation and integrated management services for the national process of acquiring petroleum products destined for the domestic market. This covers programming, contracting, coordination, monitoring, receipt, discharge, transport, storage, allocation and customs clearance. These products include liquefied petroleum gases, motor gasoline, diesel, aviation fuel, and illuminating kerosene, as well as any other products designated by the Minister responsible for Energy.

The company exercises this mandate on an exclusive basis, meaning that no public or private entity may carry out acts within that exclusivity regime without express authorisation from the Minister responsible for Energy, based on justified grounds of public interest, emergency or security of supply. This exclusivity regime does not affect the legal powers of regulatory, customs, tax, port and financial authorities. While ENAPP, EP is responsible for conducting the acquisition and importation process as agent and intermediary, the entities on whose behalf these operations are carried out remain the importers of the relevant petroleum products for all legal purposes, continuing to bear the corresponding costs and customs obligations.

Functions and attributions

ENAPP, EP's attributions include: (i) [SG1.1]ensuring the programming, coordination and monitoring of the national acquisition process; (ii) promoting transparent and competitive procurement procedures for international suppliers; (iii) entering into and managing supply contracts following the required ministerial approval; (iv) entering into Agency Service Agreements with licensed distributors, on terms to be approved by the Minister responsible for Energy; (v) coordinating logistics for the receipt, discharge, transport, storage [LP2.1]and allocation of products; (vi) handling customs clearance procedures; (vii) producing technical, statistical and strategic information on supply; (viii) conducting market studies and prospecting; (ix) supporting the government on strategic reserve policy; and (x) creating and managing electronic registration and monitoring systems for operators, distributors and suppliers.

Regarding ENAPP, EP’s attributions to storage, it should be noted that the Decree does not otherwise replace the applicable general regulatory framework. Storage activities remain subject to the licensing, registration, and technical and safety requirements applicable under the Petroleum Products Regulation.

Guiding principles

ENAPP, EP's activities are governed by the following principles; legality, transparency, impartiality, competition, economic efficiency, accountability, energy security, continuity of supply, traceability of operations and prevention of conflicts of interest. The company must ensure that it has objective, documented and auditable procedures that are compatible with the legislation applicable to the liquid fuels subsector and to state-owned enterprises.

Corporate structure and governance bodies

ENAPP, EP's statutory bodies are the General Meeting (represented by the State Asset Management Institute, IGEPE), the Board of Directors, and the Supervisory Board. The Board of Directors comprises three executive members, including a chairperson appointed by the Council of Ministers, The Board holds broad management powers over the company's acquisition activities, including approving acquisition plans, entering into supply contracts and allocating volumes to distributors. The Supervisory Board oversees the company's accounts and compliance.

Incompatibilities and conflicts of interest

Members of the governing bodies, managers, employees and agents of ENAPP, EP must act with independence, impartiality and integrity. Holding management, supervisory, contracting, evaluation or decision-making functions is incompatible with any economic interest, representation, consultancy or service relationship with entities engaged in the production, distribution, transport, storage or intermediation of petroleum products. ENAPP, EP is itself prohibited from engaging in the production, distribution or commercialisation of petroleum products, and from employing individuals in management positions who have contractual or economic ties with market participants in the sector.

Capital, assets and financing

The statutory capital of ENAPP, EP is set at 2,266,666.61 meticais and may be increased through state endowments or other contributions to its capital. Assets from IMOPETRO, Lda. may be incorporated into the company's capital or estate following inventory, valuation and formal transfer. Initial financing is to be secured primarily from the value corresponding to the Acquisition Operator's Commission embedded in the fuel pricing structure, without prejudice to other lawfully permissible funding sources. The company's revenues include agency and registration fees charged to distributors, proceeds from customs clearance services, state subsidies or contributions, and other income connected to its activities. Borrowing, including the issuance of bonds, requires the approval of the General Meeting following a prior opinion from the Public Treasury. This must comply with the general legal regime on public debt and State guarantees. Only short-term borrowing for treasury support purposes may exceptionally be approved directly by the Board of Directors, provided that it is in accordance with prudent cash management practices and applicable limits. Depending on government objectives and policy, ENAPP, EP may also be financed by the State Budget in the form of subsidies to cover operating deficits, public service compensation, or price and tariff support, where reasons of public interest require services to be provided below cost or exceptional supply measures to be adopted.

Functional succession and transition from IMOPETRO

ENAPP, EP functionally succeeds IMOPETRO, Lda. in all acts, procedures and activities relating to the agency, intermediation and management of the national petroleum products acquisition process. References to IMOPETRO, Lda. in legal, regulatory, contractual or administrative instruments are deemed to refer to ENAPP, EP, with the necessary adaptations. All existing supply, logistics, agency, inspection, insurance, customs clearance, transport and storage contracts will remain in force until they are terminated, replaced, adapted or transferred.

Transitional arrangements and installation

Following the enactment of Ministerial Diploma No. 56/2026 of 22 July, the Minister responsible for Energy has established a Management Commission to oversee the establishment of ENAPP, EP and manage the transfer of activities, contracts, systems, databases and other assets from IMOPETRO, Lda. The transition period is limited to 180 days from the Decree's entry into force, but may be extended where justified. During this period, the Minister may take any necessary measures to ensure the continuous and regular supply of fuel, including adapting or extending existing contracts.

Institutional coordination

ENAPP, EP must coordinate with the following entities: licensed distributors, the fuel-sector licensing entity, the Energy Regulatory Authority, the Tax Authority, Customs, port authorities, the Bank of Mozambique (where applicable) and the relevant ministries. In turn, distributors, suppliers, logistics operators and other market participants are, in turn, under a duty to provide ENAPP, EP with the information it needs for programming, contracting, allocation and monitoring of supply.

Ministerial approval of key acts

The Minister responsible for Energy must approve certain acts following consultation with the Liquid Fuels Acquisition Commission. These acts include the award of contracts to international suppliers of petroleum products; the execution of the corresponding supply contracts; the approval of annual acquisition plans; and the general criteria for allocation and exceptional acquisition procedures.

Revocation and entry into force

The Decree revokes Articles 42, 45, 49, 50, 51 and 52 of the Regulation on Petroleum Products, as approved by Decree No. 89/2019 of 18 November, together with any conflicting legal or regulatory provisions. It also clarifies that all existing instruments referencing the Liquid Fuels Acquisition Operator should be read as referencing ENAPP, EP. The Decree entered into force on the date of its publication, 15 July 2026. Within 90 days of publication, the Minister responsible for Energy must approve ENAPP, EP's Internal Regulation and any other instruments necessary for its installation and operation.

Ownership of the product
The new framework does not provide for the transfer of ownership of imported petroleum products to the state or to ENAPP, EP. Entities that use the services of ENAPP, EP will remain the legal importers of the fuel and will bear the corresponding costs. ENAPP, EP will act as an agent and intermediary, contracting with suppliers and coordinating logistics, but it will not take title to the product. However, these aspects, as well as the related contractual arrangements, will be further detailed in the corresponding Agency Service Agreements.

Financing of fuel imports

The Decree establishes the funding mechanisms of ENAPP, EP itself via the Acquisition Operator's Commission, agency fees and potential support from the State Budget. However, it does not address how the letters of credit or bank guarantees for the underlying fuel imports are to be financed. As distributors remain the legal importers, it is reasonable to infer, although this is not stated in the Decree, that import guarantee financing continues to rest with the distributors' own banking arrangements. This remains an open point, to be clarified by ENAPP, EP.

Outlook and considerations

The establishment of ENAPP, EP marks a structural change to Mozambique's petroleum products acquisition model, replacing IMOPETRO, Lda. with a new public enterprise entrusted with an exclusive management of agency, intermediation and the integrated management of national fuel acquisition. The reform is presented as part of a broader effort to strengthen transparency, predictability and energy security within the supply chain. It follows the broader legislative overhaul of the energy and petroleum sector in Mozambique, including the new Petroleum Law (Law No. 8/2026 of 3 June).

Key implications for market participants:

• Distributors should review their existing arrangements with IMOPETRO, Lda. and anticipate the transition to Agency Service Agreements with ENAPP, EP.
• International suppliers should assess whether their existing supply contracts and contractual counterparties require adaptation or transfer.
• Logistics and storage operators should distinguish between their continued activities under the general petroleum products regulatory framework and the new national acquisition process managed by ENAPP, EP.
• All market participants should monitor the implementing regulations and contractual instruments to be issued during the transition period.