The second edition of the African Mining and Energy Law Weekend (WADME) was held in Conakry, the capital of Guinea, from 10 to 12 May 2024. This event brings together experts and professionals to discuss legal challenges faced by mining and energy sectors in Africa.
The African Legal Support Facility (the "Facility"), in accordance with Pillar II of its 2023-2027 medium-term strategy on capacity building, knowledge management and institutional support, provided financial and technical support to WADME. The Facility, represented by Ms Safaa BARGOUCHI, legal consultant and knowledge hub officer, and Mr Mamadou Ciré DIALLO, legal consultant, took an active part in the discussions, sharing its expertise and the resources available to help African countries build their legal capacity in the mining and energy sectors in Africa.
Ms BARGOUCHI moderated a panel discussion on legal and tax audits of mergers and acquisitions of mining and oil companies in Africa. The discussion covered a range of issues, methodology and best practices in the industry. Among the highlighted key best practices were the importance of conducting due diligence to identify and assess potential risks, the engagement of local experts for a better understanding of the legal and tax framework specific to each country, and the implementation of optimised tax structures to maximise financial benefits while ensuring compliance with local regulations. In addition, the mainstreaming of environmental and social dimensions in audits, as well as transparency and proactive communication with stakeholders, were recognised as key elements for the success of these complex transactions.
In one session, Ms BARGOUCHI presented the Facility as a unique international organisation dedicated to providing technical assistance to African countries in structuring and negotiating complex commercial transactions, creditor disputes and other related sovereign transactions. The audience was also able to learn about the innovative tools developed by the Facility in capacity building and knowledge management (www.alsfacademy.com), African Petroleum Legislation Atlas, African Mining Legislation Atlas.
Mr DIALLO took part in a panel discussion on the regulation of transfer pricing and transactions in the mining and energy sectors. He presented a study on bauxite pricing in the Republic of Guinea. He first explained the joint decrees issued by the Guinean authorities in the global context of the fight against tax evasion, highlighting the risks and benefits of this reform. After analysing the new legal framework, Mr DIALLO shared recommendations for better implementation of these regulations.
During WADME 2024, the participants expressed their satisfaction upon discovering the initiatives of ALSF and confirmed their interest in using the knowledge products and resources offered by the ALSF to strengthen their capacities and improve the management of mining and energy projects in Africa.
About ALSF
Established by the African Development Bank in 2008, ALSF helps African governments negotiate complex commercial transactions, provide legal and technical assistance and develop capacity-building tools in the key sectors of infrastructure and public-private partnerships, energy, natural resources and extractive industries, as well as sovereign debt and disputes with creditors.
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Contact us
Eve Ehoura, Communications Officer: e.ehoura@afdb.org
ALSF website: https://www.alsf.int
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