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Blog Cabemery

Emery Mukendi Wafwana & Associates > Blog Cabemery (Page 4)

Oil Legislation in the Republic of the Congo

Emery Mukendi Wafwana and Sancy Lenoble Matschinga The Republic of the Congo, often called Congo-Brazzaville, is a country located in Central Africa that straddles the Equator line and covers a surface of ​​342,000 km2 with a population of approximately four (4) million. The country is bordered by Central African Republic and the Republic of Cameroon to the north, the Democratic Republic of the Congo to the south and east, the Republic of Angola (Cabinda) in the south and the Republic of Gabon to the west. The Republic of Congo has a sea coastline of 170 km along the Atlantic Ocean. The Republic...

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Ratification of the cooperation agreement of September 9, 2010 between Congo-Brazzaville and Angola in the area of mining and geology

Sancy Lenoble Matschinga The Republic of Congo (“Congo-Brazzaville”) has authorized the ratification of the cooperation agreement of September 9, 2010, with the Republic of Angola in the area of mining and geology, by Law No. 17-2013 of August 13th, 20131. Congo-Brazzaville shares its border with Angola in the South with the enclave of Cabinda which is characterized as the driving economic force of Angola. Both countries are known for their rich natural resources. The cooperation agreement aims to reinforce economic relations between the two countries. Law 17-2013 is enacted just a few months after the law ratifying a bilateral agreement between both countries...

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Business rescue in the new Companies Act of 2008

Linda Gieskes The New Companies Act No. 71 of 2008 replaced the old Companies in May 2011. Pursuant to the Amendment of the Old Companies Act, Chapter 6 of the new Companies Act introduces the Business Rescue Procedure (BRP). Business Rescue is a procedure that facilitates the rehabilitation and restructuring of a company that is undergoing financial difficulties. The business rescue procedure aims to maximise the possibility of the business to remain solvent. The definition of financial distress in the Act is as follows: when it appears to be reasonably unlikely that the company will be able to pay all of its...

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New Exploitation License for Mining Operators in the DRC

New Exploitation license (environmental): new requirement for mining operators in the DRC Esther-Rose LUFUTA BIDUAYA and Eric TSHIMANGA MUKENDI The consideration of environmental issues by the International Community, and its consequences on the life quality, with tangible effects, including reduction in biodiversity, soil, air and water pollution, has urged the International Community to adopt multilateral environmental agreements, which obligate the working-out of national laws, policies, plans and programs to regulate and supervise mankind's activities and to mitigate their impact on the environment, which is the common heritage of all human beings, presents and futures. In accordance with these agreements and the DRC Constitution (« DRC »)...

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South Africa: Amendment of Mine Health and Safety Act (No. 29 of 1996)

Michele da Silva da Mata and Fulgence Kalema In South Africa, the Mine Health and Safety Act, 1996 (Act No. 29 of 1996) as amended (“the act”), providing for the protection of the health and safety of employees and other persons affected by the South African mining industry has been amended. The current amendment is related to Chapter 11 of the Regulations in terms of act. The exit certificate in section 17 must include details regarding a least the following: particulars of mine, particulars of employees and exit medical summary. The Mine Health and Safety Inspectorate was established in terms of the...

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New exploitation license (environmental): new requirement for mining operators in the DRC

Esther-Rose Lufuta Biduaya and Eric Tshimanga Mukendi The emergence of various environmental issues and their negative impacts on the quality of life, including the reduction in biodiversity, soil, air and water pollution, has urged the International Community to adopt multilateral environmental agreements engaging countries to develop ancillary national laws, policies, plans and programs to regulate and supervise human activities and to mitigate their impact on the environment, constitutes the common heritage for all human beings. In accordance with these agreements and the DRC Constitution (”DRC” of February 18, 2013 as amended to date, particularly article 123-15, Law No. 11/009 dated July 9, 2011...

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Amendment on the Mine Health and Safety Act (No. 29 of 1996)

Michele da Silva da Mata and Fulgence Kalema Bwatunda In South Africa, the Mine Health and Safety Act, 1996 (Act No. 29 of 1996) as amended (“the act”), providing for the protection of the health and safety of employees and other persons affected by the South African mining industry has been amended. The current amendment is related to Chapter 11 of the Regulations in terms of act. The exit certificate in section 17 must include details regarding a least the following: particulars of mine, particulars of employees and exit medical summary. The Mine Health and Safety Inspectorate was established in terms of the act,...

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DRC: Non-Transferability of Telecom Licenses Challenged by OHADA

The principle of non-transferability of telecommunications licenses challenged by the OHADA Law as a result of the accession of the Democratic Republic of the Congo to OHADA Alain Serge Kasende M’bay  Since September 12, 2012, OHADA Law (Organization for the Harmonization of Business Law in Africa) is directly applicable and binding, as a domestic positive law, in the Democratic Republic of the Congo (“DRC”). In accordance with article 53, section 2 of the OHADA Treaty[1], all provisions thereof, regulations and Uniform Acts (“OHADA Law”) adopted before the accession of the DRC come into force in the DRC sixty (60) days after the date...

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DRC: Adoption of Legal framework for Fiber Optic Networks

The DRC adopts a legal framework for the implementation and operation of fiber optic telecommunication networks Eric Tshimanga Mukendi The Minister of Posts, Telecommunications and New Information Technologies and Communications, « the Minister », has recently taken, with a cause, 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 establishing the conditions and procedures to operate fiber optic telecommunication networks in the Democratic Republic of the Congo1, (« DRC ») referred to as « the Ministerial Decree». Fiber optics offer several advantages over sending excellent quality...

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Accession of DRC to OHADA: Impact on State-Owned Companies

Protection of state-owned companies subsequent to the accession of the Democratic Republic of Congo to OHADA Emery Mukendi Wafwana and Upio Kakura Wapol On September 12, 2012, the Democratic Republic of Congo (DRC) became party to the community law, Treaty, Decisions and Uniform Acts of the Organization for the Harmonization of Business Law in Africa (OHADA Law) , thus making the country, the OHADA 17th member State. This membership does not create any coexistence problem due to OHADA supranationality of its norms that make its legal and regulatory provisions binding and repealing. However, such enforceability of OHADA Law seems to have worried in some ways the...

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DRC: Impact of the “Doing Business” Report on tax and duties payments

Progress towards tax and duties payment in the Democratic Republic of the Congo in connection with the “Doing Business Report”  Eric Tshimanga Mukendi The DRC Government initiated in the last few years a set of reforms in order to improve the business climate which has been extensively deteriorated over time. One reform in particular is the DRC membership to OHADA, the simplification of payments of duties to the State through the implementation of a single window, etc. These actions are a result of the World Bank recurrent reports published in the context of ‘’Doing Business’’ which ranked the Democratic Republic of the Congo...

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DRC postpones ban on export of copper and cobalt concentrates

DRC’s ban on export of copper and cobalt concentrates postponed until December 31, 2013 Jonathan van Kempen and Fulgence Kalema Bwatunda. On April 5, 2013, the Minister of Mines of the Democratic Republic of the Congo (“DRC”), jointly with the Minister of Finance, enacted Inter-Ministerial Decrees No.122/CAB.MIN/MINES/01/2013 and No.782/CAB.MIN/FINANCES/2013 on the regulation of export of merchant products (“Decree”) which raised strong opposition from the mining industry in the DRC and negatively impacted share prices of several listed mining companies active in the DRC. The Decree banned the export of copper and cobalt concentrates while giving a 90-day moratorium to mining operators who still hold...

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DRC – OHADA: Delay in Uniform Act to regulate company accounting systems

DRC: Delay in the application of the Uniform Act organizing and harmonizing company accounting systems  Emery Mukendi Wafwana  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 previous 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 organizing and harmonizing companies accounting systems (Uniform Act Organizing and Harmonizing Companies Accounting...

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DRC: Adoption of National Economic and Social Council Law

Adoption of the law on the organization of the National Economic and Social Council Emmanuel Kabupwe According to the provisions of articles 123, 124, 130, 131, 208 and 210 of the Constitution of the Democratic Republic of the Congo ("DRC") of February 18, 2006 as amended to date ("Constitution"), the National Assembly has recently passed the law governing the organization and functioning of the Economic and Social Council which was introduced at its own initiative. The institution of an Economic and Social Council in the DRC set forth in Article 208 of the country’s Constitution, mainly stemmed from the absence of a well-organized...

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DRC: Adoption of New Legislation for Better Industrial Environment

Adoption of a new legislation for a better industrial environment in the DRC: bill on the rescue of the industry in danger Emmanuel Kabupwe  Before the series of lootings of the 90s, wars and other civil unrests, the Democratic Republic of Congo, (“DRC”) was considered one of the most industrialized countries of Central Africa. To restore its tarnished reputation, the DRC Government has set goals to boost the industrial sector by encouraging a large number of companies to invest in the national territory in order to reduce the high rate of unemployment and create jobs which are the levers (or the driving...

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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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