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EMW&A News

Emery Mukendi Wafwana admitted as an Advocate to the DRC Supreme Court of Justice

Following Decision n° 04/CO/BCSJ/ADM/16 of 8th April 2016 of the Bar Council of the Supreme Court of Justice, Counsel Emery Mukendi Wafwana was admitted to and registered with the Roll of Advocates of the Supreme Court of Justice. On this 22nd April 2016, he was sworn in at the Supreme Court of Justice. Counsel Emery Mukendi Wafwana’s admission to the Supreme Court enhances our firm’s ability to better represent clients in legal cassation proceedings as regards private law (civil, criminal, commercial) as well as in special proceedings in the Court of Cassation, to wit: actions against judges, referral of matters to appropriate...

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Upio Kakura Wapol, certified Doctor at law

Before a panel of eminent professors of the Law Faculty of the University of Kinshasa, formerly known as Louvanium, namely Professor Marie-Thérèse Kenge NgombaTshilombayi, Dean of the Law Faculty and chairperson of the panel, Roger Kola Gonze, Grégoire Bakandejawa Mpungu, Jean-Michel Kumbuki Ngimbi, Victor Mboyo Empengeea Longila, Gustave Beya Siku and Jean-Paul Shotsha Katshunga., Counsel Upio Kakura Wapol submitted his doctoral dissertation on « The legal system of commercial airports – Input to the study of Congolese airport law » dated 2 march 2016. Following a brilliant defence of his thesis, and after deliberation, the panel officially recognised him as Doctor at...

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Outline of the new Insurance Code of the DRC

By Pathy Liongo and Alain Kasende In its path to the stabilization of business climate and protection of private investments, the Democratic Republic of the Congo ("DRC") has just completed the reforming process of its insurance sector, one of the basic activities for the economic and social development of the country. This reform is accomplished by the Law No 15/005 of 17 March 2015 on Insurance Code ("Insurance Code"), promulgated by the President of the Republic on 17 March 2015 and recently published in the Official Gazette[1]. This new Insurance Code represents a real revolution in this sector, which has been...

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Congo : The Bill on hydrocarbons Code passed by the cabinet

Antoine Luntadila Kibanga  The Republic of the Congo, (“The Congo «) is an African country, located in Central Africa. It is a member of several regional organizations such as the Economic and Monetary Community of Central Africa ("CEMAC"), the Economic Community of Central African States ("CEEAC"), and the Association of African Petroleum Producers ("APPA"). Its economy is dominated by the oil sector, which represents more than 60 % of the country’s GDP, despite numerous efforts to diversify the country’s sources of income. Twenty years after the enforcement of the hydrocarbons code; it was time for the government, following the assessment of the code thereof,...

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Recent measures on the form of the articles of association and the minimum capital of SARL in the DRC: advantages and weaknesses

The Minister of Justice and Human Rights and the Minister of Finance in the DRC signed jointly in December 30, 2014 theinterdepartmental Order No. 002/CAB/MIN/JGS &DH/014 and No. 243/CAB/MIN/FINANCES/2014 determining the form of the Articles of Association and the minimum capital of a limited liability company. According to this order, the following provisions must henceforth apply to single-member and multi-member SARL: (1) the Articles of Association are established by notarial deed or private agreement (article 1); (2) the share capital is freely set by the shareholders, taking into account the business (article 2); (3) the pay-in slip cleared by a credit or microfinance...

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Ratification to the treaty relating to Grand Inga Hydroelectric Project

In accordance with articles 213 paragraph 1 and 214 paragraph 1 of the Constitution of February 18, 2006 as amended to date, the President of the Democratic Republic of Congo («DRC”) promulgated on the 21st November 2014 the Law No. 14/026 authorizing the ratification by the DRC of the Treaty relating to the Grand Inga hydroelectric project between the Republic of South Africa («RSA») and itself. I. PURPOSE OF THE TREATY The Inga Project aims at building a hydroelectric complex on the Congo River, on the site named Inga Site whose installations are based in the West of the DRC, 150 km...

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Entry into force of 1958 New York Convention in DRC

By Antoine Luntadila Kibanga The UN Convention on the Recognition and Enforcement of Arbitral Awards signed in New York on June 10, 1958, (« The New York Convention »), has been ratified in Democratic Republic of the Congo ("DRC") through Law No 13/023 dated June 26, 2013 authorizing the accession of DRC to the Convention in accordance with article 215 of the Constitution[1]. In compliance with article 12.2 of the New York Convention, its coming into force with regard to DRC, acceding State, had to be effective within ninety (90) days after the submission of instruments of accession or ratification by DRC....

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Deforestation Tax: Problematic of Tax Liability of Mining Titleholders

For some time, mining companies in the Democratic Republic of the Congo are facing the National Forest Fund, (“Fonds Forestier National”), a technical and financial public establishment set up by the law N° 011/2002 of 29 August 2002 relating to the Forestry Code (“Forestry Code”) for the payment of the “deforestation tax” as a result of the deforestation made by them concerning the mining areas covered by their mining titles. With regard to the taxes, customs and other duties and levies regime applicable to the mining titleholders provided for in the Law n° 007/2002 of11 July 2002 relating to the Mining Code...

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USA: Business Structures Available for Foreign Investors

Nady Mayifuila and Pascale Longuet The choice for the appropriate legal structure to transact business in the United States (“U.S.”) depends on a combination of factors relevant to a specific activity or sector, as well as on the needs and goals of the investor. The following paper is neither an attempt to define the criteria necessary to make such a decision nor, a fortiori, a substitute for the review of the particular project by an attorney. The aim of this article is to provide potential investors with a pragmatic overview of the American corporate legal and cultural environment, including the means...

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May a foreign financial institution act as security interests agent in the DRC

By Arnaud Tshibangu Mukendi[1] Introduction The Democratic Republic of the Congo (the "DRC") has ratified the founding treaty of the Organization for the Harmonization of Business Law in Africa (hereinafter "OHADA[2]") dated July 12, 2012, which entered into force on September 12, 2012. The DRC has become, since then, the seventeenth member state of OHADA[3]. Consequently, all the OHADA Uniform Acts are part of the Congolese law and are directly applicable and binding within its territory without any further legal steps internally[4]. The OHADA Uniform Acts include the revised Uniform Act on security interests (hereinafter “UAS”), adopted on December 15, 2010. The...

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A New Legal Framework to Promote the Public-Private Partnership in the Democratic Republic of the Congo

By Upio Kakura Wapol On February 11, 2014, the Democratic Republic of the Congo (DRC) enacted the Law No 14/005 creating tax, customs and parafiscal system of non-tax revenues and exchange control system applicable to Cooperation Agreements and Cooperation Projects, "PPP Law". This law is substantiated by the will of the DRC to implement a public-private partnership aimed at raising significant funds to further the implementation of huge reconstruction and development programme designed to provide the country with core infrastructures in order to upgrade the social welfare of population. The cooperation agreement and cooperation projects shall be the subject of the private-public...

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Congo-Brazzaville: bill on the creation of a Congolese investment fund has been adopted

Sancy Lenoble Matschinga According to a bill presented during the Ministers’ Council of August 8th, 2013, the Republic of Congo just promulgated Law No. 1-2014 of January 6th, 2014 on the establishment of a Congolese investment fund. The investment fund has been created as an administrative public institution, with legal status and financial autonomy. The public institution is based in Brazzaville, the Republic of Congo’s capital, and is under the authority of the Minister of Finance. It is administered and managed by a Board of Directors and a General Management. The main purpose of the Congolese investment fund is to acquire and manage...

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South Africa: Farewell to Nelson Mandela, Father of our Nation

All South Africans and indeed the world join us in this deep sense of loss and sadness on the death of our beloved founder, revered statesman and human-rights activist, Nelson Rolihlahla Mandela. With a sense of personal loss for each of us for the man who had become the father of our democratic nation. Nelson Rolihlahla Mandela was a man, whose dedication to the struggle against apartheid, injustice and opposition to domination moulded him into a beacon and a symbol for human-rights movements across the world. A man that made a conscious decision to change wrongs. His commitment in breaking the...

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Paul Fortin Joins Emery Mukendi Wafwana & Associates, P.C.

Renowned International Mining Consultant Paul Fortin joins the International African law firm Emery Mukendi Wafwana & Associates P.C The Law Firm Emery Mukendi Wafwana & Associates (Cabemery) is pleased to announce that Paul Fortin joined our team in New York as Mining Consultant Paul Fortin has tremendous national and international experience in advising investors, mine operators and governments from all around the world on policy and regulatory framework and carrying out resulting implementation programs in project development, mining, fiscal reform, privatization and public sector reform. Paul Fortin has impressive track records of transactional and regulatory legal work in many jurisdictions around the world,...

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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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Mr. Upio Kakura Wapol and Mr. Jonathan van Kempen join Cabemery

The Law Firm Emery Mukendi Wafwana & Associés is pleased to announce that Mr. Upio Kakura Wapol joined our team in Kinshasa and Mr. Jonathan van Kempen joined our team in New York. Mr. Upio Kakura Wapol is an attorney admitted to the Bar of Kinshasa/ Matete since 2008. He holds a law degree in economic and social law (1986) and a degree in Advanced Studies in law from the University of Kinshasa since 2007. He is currently a Senior Lecturer and Doctorandus at the same University. Before joining the Law Firm Emery Mukendi Wafwana & Associés, Mr. Upio Kakura Wapol carried...

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« Le Droit fiscal congolais, commentaires des textes de lois, Volume I » by Maître Edmond Cibamba Diata

Mr. Edmond Cibamba Diata, Senior Partner of Cabemery (Pty) Ltd in Johannesburg published his new book about Tax Law in DRC, « le Droit fiscal congolais, commentaires des textes de lois, Volume I, Impôts réels et Taxe spéciale de circulation routière ». Tax laws are among the most misunderstood laws. Thus, the author tries to make them more understandable in this book which is documented with various texts of tax laws in force in the DRC. This book analyses tax laws, and also deals with the doctrine and case law as well as other sources of law. The book is the first volume...

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Emery Mukendi Wafwana & Associates, P.C. at Mine & Money 2012

The conference gathered over 2,500 participants and 300 exhibition stands for 5 days and now, it is the largest event to raise capital in the mining sector. It has become an important destination for Australian investors in Asia as the PDAC is for North America and the INDABA for Africa.  For more information on the conference, please visit www.minesandmoney.com Emery Mukendi Wafwana & Associates, P.C. exhibited at this conference and presented his legal services to investors from all around the world desiring to securely invest in the mining sector in DRC and in the French speaking African countries (Benin, Burkina Faso,...

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Maître Emery nominé Expert du Droit minier par « Who’s Who of Mining Lawyers 2012 »

L'International « Who’s Who of Mining Lawyers 2012 » nomine Maître Emery MUKENDI WAFWANA, Expert du Droit minier Maître Emery MUKENDI WAFWANA, Avocat en RDC et Legal Consultant admis à exercer à New York, a été nominé par le magazine International « Who’s Who of Mining Lawyers 2012 » comme Expert juridique dans la pratique du Droit minier en raison de ses prestations et publications dans le secteur.  En effet, à la suite de recherches, des études et des opinions des clients, de cabinets d’avocats, et autres juristes spécialisés en droit minier dans le monde entier, 287 experts œuvrant dans 47 juridictions et pouvant...

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Mines and money – Hong-Kong 2012 : Exposition de Emery Mukendi Wafwana & Associates, P.C.

  Il se tiendra à Hong-Kong, du 19 au 23 mars 2012 la cinquième conférence internationale sur les Mines et les Finances « Mines & Money ». Cette conférence regroupera plus de 2500 participants et 300 stands d’exposition pendant une durée totale de 5 jours. Mines & Money se positionne actuellement comme le plus important évènement pour mobiliser des capitaux dans le domaine minier. Elle est devenue une importante destination pour les investisseurs australiens en Asie au même titre que le PDAC l’est pour l’Amérique du Nord et INDABA pour l’Afrique.  Il est par ailleurs prévu deux journées d’exposition et de conférence qui se...

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