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Emery Mukendi Wafwana & Associates > Blog Cabemery  > Business News (Page 2)

Accession of the DRC to the New York Convention on arbitration

Emery Mukendi Wafwana and Jonathan van .  After its adoption by the National Assembly and the Senate of the Democratic Republic of the Congo ("DRC"), the President of the Republic promulgated on June 26, 2013 the Law No. 13/023 authorizing the accession of the DRC to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards signed in New York, on June 10, 1958 (the "Convention"). This Law is based on Articles 213 al. 1 and 214 al. 1 of the Constitution authorizing the President of the Republic to sign and ratify the Convention. However, the Law authorizes the accession of...

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New regulations on Tax Residency Certificate in Mauritius

Rizwana Ameer Meea et Willy Bashiya Mbayi Mauritius is a strategic Global Business center located in the Indian Ocean. It is one of the most open and financially sound economies in Sub-Saharan Africa. Mauritius is located between Asia and Africa, and the success of its economy is largely a result of its political and socio-economic stability, coupled with good governance and a wide range of incentives to boost investment. Mauritius has been known as an excellent place for doing business. The country’s adoption of international best business practices and sustainable development policies has been acknowledged by international agencies such as the Organization for Economic...

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Guinea: Enactment of law amending the Mining Code of 2011

New perspectives for the mining sector in Guinea: enactment of the law amending the Mining Code of 2011 Emery Mukendi Wafwana, Paul Fortin and Michael Diakité.  This April 17, 2013, His Excellency Professor ALPHA CONDE enacted, by decree D/2013/075/PRG/SGG, the Law L/2013/053/CNT adopted by the National Transitory Parliament (Conseil National de Transition “CNT”) on April 8, 2013, amending certain provisions of the Law L/2011/006/CNT on the new Mining Code for the Republic of Guinea of September 9, 2011. The Law L/2013/053/CNT of April 8, 2013 revises certain important provisions of the new Mining Code adopted on September 9, 2011 whose execution was suspended since...

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Gabon: Council of Ministers adopts draft law on mining sector

 Nady Mayifuila and Marie Josée Ongo Mendou On April 4, 2013, the Council of Ministers of Gabon adopted a draft law regulating the mining sector, which aims to reform the mining sector of Gabon[1] by introducing a new institutional, fiscal and technical framework. Since he took office in 2009, the President of Gabon, Ali Bongo Ondimba, is determined to implement and chart an ambitious program of economic reforms, including the reform of the mining sector, one of the cornerstones for shaping up the future prosperity of the country. In implementing this policy, known as "Gabon emerging at dawn 2025", this country is...

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Ivory Coast: New measures to promote enterprise creation and property transfer

New measures to promote enterprise creation and real estate property transfer in Ivory Coast Antoine Luntadila Kibanga  Doing Business 2013 Report titled: « Smart Regulations for small and medium enterprises » celebrates the 10th series of the World Bank Doing Business. Over the last decade, these reports listed about 2,000 business regulation reforms implemented in 180 economies. Across the world, local entrepreneurs and investors have considerably benefited from such reforms[1].  In this regard, on Wednesday, April 24, 2013, the Ivorian Council of Ministers proposed an Order aimed at reducing the fees related to starting a business for companies for which capital does not exceed FCFA 1,000,000. This measure reflects...

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Congo-Brazzaville: Adoption of bill on single window for cross-border operations

Congo-Brazzaville: Bill on the creation of a single window for cross-border operations has been adopted  Sancy Lenoble Matschinga and Antoine Luntadila Kibanga.  The Congolese government has just announced its plan to set up a Single Window for cross-border commercial operations. The announcement was made by the Minister of Transportation and Merchant Navy, Martin Parfait Aime Coussou-Mavoungou, during his speech at the National Assembly (Congolese House of Representatives) on April 27, 2013. This government's announcement falls within the scope of improving the business climate. An important aspect of this is the Decree n°94-568 of October 10, 1994, modified by Decree n°95-183 of October 18, 1995, showing...

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Congo Brazzaville: Creation of Single Window for cross-border operations

Sancy Lenoble Matschinga and Antoine Luntadila Kibanga  The Congolese government has just announced its plan to set up a Single Window for cross-border commercial operations. The announcement was made by the Minister of Transportation and Merchant Navy, Martin Parfait Aime Coussou-Mavoungou, during his speech at the National Assembly (Congolese House of Representatives) on April 27, 2013.  This government's announcement falls within the scope of improving the business climate. An important aspect of this is the Decree n°94-568 of October 10, 1994, modified by Decree n°95-183 of October 18, 1995, showing that the Republic of Congo (“Congo Brazzaville”) had already set up the center for...

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Congo-Brazzaville: Creation of an Investment Promotion Agency

Antoine Luntadila and Sancy Lenoble Matschinga  On August 22, 2012, the President of the Republic of Congo-Brazzaville enacted Law No. 19-2012 on the creation of the Investment Promotion Agency[1]. Under this law, the Investment Promotion Agency is an administrative public institution, with legal status and financial   autonomy[2]. The Agency is based in Brazzaville, the capital city of the Republic of Congo, and is under the authority of the Minister of Promotion of the Private Sector. By Decree No. 2013-132 of April 17, 2013 on the approval of the articles of association of the Investment Promotion Agency[3]  the Congolese Government gave effect to the...

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Burkina Faso: The National Assembly has passed the New Environment Code

Antoine Luntadila & Yoni Amado. Located in the heart of West Africa, Burkina Faso, a Sahel country is among the group of least-developed countries. With a population of more than 14 million of whom more than 80% live on activities directly or indirectly related to land, the country of upright people, like other Sahel countries, is confronted to emerging environmental problems. Agricultural techniques, large and systematic use of wood as source of energy in rural areas, and the mining boom these past years coupled with uncontrolled development of artisanal mining and the growing industrial mining, are intensifying global warming and causing major...

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DRC: Adoption of legal framework for fiber optic telecommunication networks

DRC: Adoption of legal framework for the implementation and operation of fiber optic telecommunication networks Eric Tshimanga Mukendi The Minister of Posts, Telecommunications and New Technologies of Information and Communication, « The Minister », has recently  taken,  not without  reason, a Decree of major importance in a world where the  quality of telecommunication services is required at any price. It is the Ministerial Decree of n° CAB/MIN/PTNTIC/TKKM/PKM/sap/022/012 of December 21, 2012 defining the terms and conditions to establish and operate fiber optic telecommunication networks in the Democratic Republic of the Congo[1], (« DRC ») referred as « the Ministerial Decree». Optical fibers are recognized for their excellent qualities...

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Insurance and Reinsurance in South Africa

By Edmond Cibamba Diata and Fulgence Kalema  In SouthDownload the original version, part of the International Comparative Legal Guide (ICLG), Insurance & Reinsurance 2013, 2nd Edition 1. Regulatory In South Africa, (re)insurance companies are regulated by the Financial Services Board (“FSB”) which is the government agency responsible for the non-banking financial services industry, including (re)insurance. It is an independent body that supervises and regulates the financial services industry in the public interest. The FSB is responsible for the incorporation of (re)insurance companies and monitoring their activities in accordance to the Long Term Insurance Act 52 of 23 September 1998 (“Long Term Insurance Act”)...

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Protection of State-owned companies following accession of the DRC to OHADA

Protection of State-owned companies subsequent to the accession of  the DRC to OHADA By Emery Mukendi Wafwana & Upio Kakura Wapol The entry into force of the Organization for the Harmonisation of Business Law in Africa (OHADA Law) since 12 September 2012 in the Democratic Republic of Congo (DRC) i.e. the Treaty, Regulations, Decisions and Uniform Acts, thus making the country the OHADA 17th member State does not cause any coexistence problem, as OHADA norms are supranational in nature, mandatorily apply and repeal any previous or subsequent regulatory and legal provisions. However, such enforceability of OHADA Law seems to have worried in a...

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New Regulations on tax residency certificate in Mauritius

By Rizwana Ameer Meea and Willy Bashiya Mbayi Mauritius is a strategic Global Business center situated in the Indian Ocean region. It is one of the most open and financially sound economies in sub-Saharan Africa. Mauritius is located between Asia and Africa, and the success of its economy is largely a result of its political and socio-economic stability, coupled with good governance and a wide range of incentives to boost investment. Mauritius is recognized as being an excellent place for doing business. The country’s adoption of international best business practices and sustainable development policies has been acknowledged by international agencies such...

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DRC: New agricultural law n° 11/022 of December 24, 2011 currently being amended and supplemented

The Democratic Republic of the Congo new agricultural law n° 11/022 of December 24, 2011 is currently being amended and supplemented  By Jonathan van Kempen and Nady Mayifuila Introduction On December 24, 2011, the Democratic Republic of the Congo (“DRC”) enacted a new agricultural Law, n° 11/022, (the “Law”) that sets broad guidelines for the agricultural sector. Since its entry into force on June 24, 2012, the Law has been a source of concern for foreign businesses operating in the agricultural sector because of its ownership clause which restricts foreigners’ access to farmlands. Since the promulgation of the Law, investors in the agriculture...

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DRC: Delay in Application of Uniform Act on Business Accounting Systems

DRC: Delay in the application of the Uniform Act organising and harmonising company accounting systems The entry into force of the OHADA Treaty in the Democratic Republic of the Congo (DRC) resulted in the immediate application of the Treaty, its Regulations and Uniform Acts. It also led to the repeal of any DRC anterior legal instruments contrary to the Treaty and its Uniform Acts.  In particular and in accordance with article  10 of the OHADA Treaty, it repealed all instruments contrary to the Uniform Act organising and harmonising company accounting systems (Uniform Act on accounting law) dated of 24 March 2000. However,...

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The Democratic Republic of the Congo is privatizing its insurance sector

  By Eric Tshimanga Mukendi  In September 2012, the Government of the Democratic Republic of Congo (DRC) submitted to the Parliament a bill of law on the Insurance Code for discussion and adoption prior to its promulgation by the head of State and publication in the official gazette in accordance with articles 100, paragraph 2 and 130 to 137 of the DRC constitution. During the period starting from 1885 the year of the creation of the Congolese State formerly known as ‘’Etat Indépendant du Congo” (E.I.C) until 1966, the insurance sector was dominated by foreign companies from Belgium, France, Holland, Great-Britain and...

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Overview on Mining Law in Burkina Faso and Current Trends

  Par Jonathan Vankempen  Introduction  Burkina Faso is a landlocked country in West-Africa and surrounded by six countries: Mali to the north; Niger to the east; Benin to the southeast; Togo and Ghana to the south and Ivory Coast to the southwest. Burkina Faso is rich in natural resources and is emerging as one of the most attractive mining destinations in Africa especially for gold exploration and exploitation. Burkina Faso is ranked by Fraser Institute the third most attractive in Africa for mining with only Botswana and Ghana ahead of Burkina Faso[1]. The income from gold plays an important role for the...

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The DRC New Agricultural Law No. 11 /22 of December 24, 2011

"The DRC New Agricultural Law No. 11 /22 of December 24, 2011" in Africa Law Today, Vol. 4, Issue 3, 2012 By Jonathan van Kempen and Nady Mayifuila The Democratic Republic of the Congo (the “DRC”) is a large agricultural country with 80 million hectares of arable land of which only 10 percent are currently exploited. The DRC is the second country in terms of arable land available for cultivation activities after Brazil and has the capacity to feed around two billion people. However, despite its large tracts of arable land, its major river system, its variety of climates, its fisheries potential...

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DRC: The ownership of a mine after termination of mining and quarry rights

The ownership of a mine after termination of mining and quarry rights By Eugénie ELANGA MONKANGO 1.― The purpose of granting of a Mining Permit, a Small Mine Exploitation License, and Exploitation License for Tailings or Authorization for Permanent Quarry Exploitation, collectively referred to (« mining and quarry rights ») is principally to grant to their titleholders the right to mine natural or artificial deposits located above or below the concerned mining perimeter. Theses mining and quarry rights also confer to their titleholders the right to construct, within the mining or quarry perimeter[1] (« perimeters »), facilities and infrastructures for mining operation, other industries relating to...

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Emery Mukendi Wafwana & Associés to Review DRC Mining Code

Newsletter October 2012: Emery Mukendi Wafwana & Associés selected for the review of the DRC Mining Code                         Subsequent to the call for bids issued by Promines, an IDA & DIFD-funded “project on Good Governance in the Mining Sector as Growth Factor”-Project ID: P106982- IDA-H589 ZR- TF010744, Emery Mukendi Wafwana & Associés- DRC has been selected as the National Legal Consultant to provide technical assistance to the DRC government in the process of reviewing the Mining Code and its implementation measures. Following the signing of the agreement and the introduction of the consultant on...

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