Our extensive experience covers more than 40 countries across the African continent...

Inside Africa is a business resource for organizations operating across Africa.

Africa’s sustained growth rates and improving business conditions are driving heightened interest from investors globally. Negotiating differing business customs across a continent as vast and diverse as Africa presents particular opportunities and challenges, for new entrants or companies seeking to expand their existing operations. None the less, Africa’s abundant natural resources, its growing renewable energy market and the increasing demand for infrastructure project investment means investors continue to be drawn to the continent.

Why Inside Africa? Norton Rose Fulbright’s 30-year track record places us at the centre of developments across the continent. Our aim with Inside Africa is to enable anyone who is already active in Africa or who wishes to do business across the continent to access the knowledge we have gained from working on the ground across more than 45 African jurisdictions. Inside Africa features in-depth insight and analysis provided by our dedicated team of lawyers, who have a wealth of experience negotiating Africa’s regulations and business practices.

Latest insight publications and articles

Legal considerations with exporting into Africa

Cross-border trade in Africa: risk management

Crewless ships: brave new world and regulatory challenges

High-speed trains in South Africa: a dream too far…

Project Finance in the OHADA zone: ten things to know - Part 1

Mining investment in Zimbabwe: latest developments

Hardening periods under OHADA insolvency laws and the risks associated with amending security interests

Implications of UEMOA Regulations on the financing structure of projects in Senegal: restrictions on guarantees

Major changes to the mining code of the Democratic Republic of Congo

Concerns regarding resource nationalism reforms are a regular topic within the mining industry and international mining conferences, such as the African Mining INDABA currently ongoing in Cape Town.

Liberia – a peaceful transition

Further pressure on correspondent banking in Africa

Does the latest pronouncement from the Wolfsberg Group point to a further squeeze on access to correspondent banking services in Africa?

Use of receivables purchase structure to raise funds in relation to equipment assets

Using FIDIC forms for mining projects

Part 1 Recent developments in trade and customs in South Africa

Investing in Algeria – Any progress?

As a country largely dependent on its hydrocarbons exports to finance its public sector centred economy and extensive welfare programs, Algeria has been severely affected by the oil prices fall.

Container demurrage: Agents beware

Over the last few years we have seen an increase in the number of demurrage claims for containers that have been landed in various ports throughout Africa.

Ghana: Privatisation of the Volta River Authority’s thermal assets

The government of Ghana has advertised that it is considering the disposal of part or all of its interests in the Volta River Authority’s (VRA) portfolio of thermal generation assets as part of broader plans...

The Rise of the Put-Call Option Agreement

Part 3: How should international investors deal with dispute resolution issues in Ethiopia: sovereign immunity

Senior management accountability in the banking industry

Appeal in Zambian mining case: Lungowe v Vedanta highlights important points regarding parent company liability under English law

Kenya Bribery Act 2016: a precis for businesses operating in Kenya

Investor protections – are your ABC provisions robust enough?

The growth of arbitration centres in Africa

Winds of Change: An assessment of Egypt’s Oil & Gas Modernisation Programme

African Infrastructure Investment in Decline

Boundary disputes – What kind of drilling is new drilling?

Cobalt’s rise good news for DRC producers

Mining boom in Kenya on hold

A bright future for PPP in East Africa – Part 2: Key challenges and regulatory reform

A bright future for PPP in East Africa – Part 1: Market Observations

Solar PV in Africa

Following the successful financial close of Africa’s first solar photovoltaic independent power project outside of South Africa in 2014 it was anticipated that solar PV in Africa was now viable.

Infrastructure opportunities across Africa in a challenging environment

Africa has long been hailed as the continent for economic growth. But, in many ways, Africa can still be unpredictable and is oftentimes challenging.

New electricity transmission rules in Zimbabwe

An updated Electricity Grid Code has been issued by the Government of Zimbabwe. This is long awaited by developers of generation projects in the country and their lenders, as its 102 pages...

Royalty finance - the new normal?

The royalty finance market is clearly no longer a new phenomenon. There are a growing number of companies willing to offer this form of finance and a proliferation of deals involving a royalty component.

Scratched Porsches and broken noses: a few peculiarities of limitation regimes

Limitation of liability is used in a variety of manners to limit the liability of shipowners.

Electrification in Kenya

Kenya has ambitious plans for the electrification of the country. In recent years it has increased the percentage of Kenyans connected to the electricity grid from 27% in 2015 to levels currently around 55%.

What are the new approaches to climate finance?

Climate finance is vital to transforming the global economy to meet the challenge of climate change. It has been one of the key factors in ‘unlocking’ the climate negotiations for many years.

African project finance: Bonds and alternative financing

The 2008 economic crisis revealed how perilously thin many banks' capital reserves were and a complete collapse of the entire system was only narrowly averted.

New approaches to climate finance

Climate finance is vital to transforming the global economy to meet the challenge of climate change. It has been one of the key factors in ‘unlocking’ the climate negotiations for many years.

Africa’s energy value chain

Anne Lapierre, head of energy for Europe, Middle East and Africa discusses the energy value chain at this year's Africa Energy Forum 2017.

A lesson to all exporters on the use of electronic release systems by carriers

A recent judgment of the English Court of Appeal may be a reassuring one for African exporters, but should also be seen as a grave warning to take extra precautions to ensure cyber security systems are secure.

Rail as a key to sustainable cities in Africa

Africa is experiencing unprecedented levels of urbanisation. By 2035 it is expected that 49% of the continent’s population will be urban-based.

Falling battery storage costs fuel opportunities for renewables investment in Africa

The US Trade and Development Agency (USTDA), a Kenyan renewable energy developer and a US battery storage manufacturer have teamed up to develop a solar PV plant with integrated lithium-ion battery storage.

The impact of the OECD's BEPS actions on project financing

ZPC power generation in Zimbabwe receives boost through hydro and thermal projects

Although 37% of Zimbabweans have access to electricity, which is in excess of the 31% African average, the gap between installed capacity and peak demand in Zimbabwe is approximately 1,200MW.

Transmission is the key to unlocking African renewables

The African continent is enormous. By virtue of its size, the implementation of renewable energy projects and distribution of power faces inevitable challenges.

South African trade: the impact of delays in new legislation taking effect

In 2003, SARS Customs began the colossal task of re-writing the South African Customs legislation.

Nigeria’s central bank relaxes FX rules for investors

With effect from 24 April 2017, the Central Bank of Nigeria (CBN) will allow investors to engage in foreign exchange trading at rates set by the buyers and sellers.

Norton Rose Fulbright advises on the expansion and rehabilitation of essential energy projects in Zimbabwe

Norton Rose Fulbright has advised Zimbabwe Power Company (ZPC) on the expansion and rehabilitation of the Kariba South hydro power and Hwange coal-fired power plants.

South Africa’s new arbitration law

On 21 April 2017 a new International Arbitration Billwas presented to South Africa’s parliament.

When two elephants fight, it is the grass that gets trampled: US budget cuts and the impact on African energy infrastructure development

Lack of available energy is one of the biggest problems facing Africa. This problem needs a solution. History to date has shown that inward investment is needed to create solutions to this problem.

Crop insurance: a gateway to success

A particular type of insurance - index based insurance - has evolved to address the needs of smallholders in regions most at risk from drought.

Climate change impacts to be assessed as part of the environmental authorisation process

The matter of Earthlife Africa Johannesburg v The Minister of Environmental Affairs and others is South Africa’s first judgment relating to climate change impact.

An emerging African hydrogen economy?

The vision of non-polluting hydrogen fuel cell transport meeting the world’s needs still seems a long way off.

Can agriculture pull Nigeria out of recession?

After entering its first recession in 25 years, Nigeria is looking for ways to kick-start its economy in a world of lower oil prices.

Financing cocoa: will 2017/18 taste sweeter?

Early last year we published a blog on Nigeria’s dollar shortages resulting from falling oil revenues and its efforts to diversify its economy. At that time, the cocoa sector appeared primed to regain its place

Alternative finance – the new normal?

‘Alternative finance’ has long been a buzz term in the mining industry.

The Midas touch; Iamgold Essakane mine – an example of a hybrid solar-diesel mine in Africa

The Iamgold Essakane gold mine is one of the most recent mines in Africa to capitalise on the potential benefits and cost-savings to be made by introducing a renewable element to their mining activities.

Part 2 Coal-fired power stations in Africa: when policies and practicalities don’t stack up – Energy usage in Africa

Part 2 of this three part series, we consider power demand in Africa.

Part 1 Coal-fired power stations in Africa: when policies and practicalities don’t stack up – A Changing Landscape

In a three part series, we discuss the practicalities and policy surrounding the use of coal-fired power stations in Africa. In the first post, we explore the changing landscape of coal-fired power.

Nigerian infrastructure investment: a key opportunity for the private sector

Nigeria’s minister of finance, Kemi Adeosun’s, recent call for a boost in infrastructure investment presents a key opportunity for the private sector in Nigeria

Protection for Foreign Investors in the DRC

The Democratic Republic of the Congo (the DRC) is one of the largest countries in sub-Saharan Africa. It is also one of the richest in natural resources, a substantial proportion of which are still untapped.

Judgment declares titles issued by the lands ministry illegal

In a far reaching judgment delivered on 19th December 2016, the High Court has declared that the registration forms as well as forms of titles including leases, title deeds, grants and certificate of title...

South Africa - Public Access to Environmental Records

Transparency and accountability in corporate governance are fundamental principles of environmental management in South Africa.

Watercourses and project development in South Africa – General authorisations for certain water uses under the National Water Act, 1998

The new general authorisation for section 21(c) and (i) water uses published in August 2016 (the New GA) replaces the need to obtain a water use licence for these water uses in certain circumstances.

Looking back on Power Africa in 2016

In 2013, the Obama administration launched Power Africa, a multi-faceted five-year financing and professional services initiative. The initiative aimed to double access to electricity in sub-Sahara Africa.

Implications of Brexit: the possible impacts and opportunities for Africa

Solar energy in Algeria

Part 2 South Africa: Protecting maritime creditors against defaulting shipowners

In Part 1 , we looked at the key factors making South Africa an attractive arrest jurisdiction. In this Part 2, we discuss how South Africa’s laws on the distribution of proceeds following maritime creditors.

Part 1 South Africa: Protecting maritime creditors against defaulting shipowners

South African admiralty procedures provide a powerful protection mechanism for local and foreign creditors who have claims against shipowning interests.

Part 3 Enforcing arbitration awards and English court judgments against Ghana

The final part to the enforcing arbitration awards and English court judgments against Ghana series looks into the practice and PPP and tender processes.

Part 2 Enforcing arbitration awards and English court judgments against Ghana

Following on from part 1 of the enforcement of arbitration awards, part 2 highlights the enforcement of English court judgements.

Part 1 Enforcing arbitration awards and English court judgments against Ghana

Once a favourable arbitration award or judgment has been rendered, investors in Ghana face certain hurdles when it comes to enforcement. We explore these in a series of three blog posts.

Nations rally against airborne cyber risks

Given that cyber-security is one of the most relevant issues in civil aviation today, it is no surprise that multiple stakeholders, addressed the development of a global framework for cyber security.

South Africa Shipping: A mortgagee’s claim is still at the bottom of the list

South Africa has become a preferred destination for ship arrests and as a result there has been a surge in the judicial sale of ships.

The future of uranium: Can I have some yellowcake please?

Uranium has long been considered the bogeyman of the energy industry, but with the election of Donald Trump and Kazakhstan’s plans to curb supply, times may well be changing for this controversial commodity.

Construction in South Africa: Beware of Bespoke Contracts

Anyone undertaking building works should be cautious when entering into bespoke contracts with building contractors, instead of one of the standard-form contracts available in the building industry.

Niger - Electricity and renewable energy

Niger suffers from a weak GDP (USD 7.143 billion in 2015; around 0.01 percent of the world economy), and according to the World Bank only 14.4% of the population has access to electricity.

Banking in sub-Saharan Africa: recent trends and digital financial inclusion – EIB Report

The European Investment Bank (EIB) has recently published a report on Banking in sub-Saharan Africa: Recent Trends and Digital Financial Inclusion.

New report encourages corporates to support renewable energy globally

Together with EY. we have authored a report for the World Business Council for Sustainable Development (WBCSD) looking at Corporate Renewable Power Purchase Agreements (PPAs).

Former member Gabon re-joins OPEC following a 21 year absence

Oil rich Gabon in central Africa re-joined OPEC (Organisation of the Petroleum Export Countries) at the beginning of July 2016, with a view to boost its oil production.

A closer look at branch companies in OHADA

The OHADA Uniform Act relating to Commercial Companies and Economic Interest Groups was revised in 2014. Key changes included the introduction of a Société par Actions Simplifiés.

A closer look at the provisions of the regime applicable to branches under the OHADA Revised Uniform Act

LNG-to-Power IPP Procurement Programme Information Memorandum released

The memo describes the scope of the LNG-to-power IPP Programme for prospective and interested bidders and highlights the opportunities the programme presents to the bidders and to the South African economy.

Angola beckons foreign investment

Angola’s ratification of the New York Convention is an invitation to foreign investors to start spending in the oil rich country struggling to maintain its balance sheet.

Compounding fears: Kenya’s controversial interest-rate cap on bank loans becomes law

On 14 September, Uhuru Kenyatta’s Kenyan government shocked the banking industry by passing the Banking (Amendment) Act 2016.

Ghanaian Real Estate: Opportunity for Growth in the Construction Industry

The residential construction industry in Ghana is a market with huge potential for growth. The population increases by around 565,000 people every year, bringing a corresponding need for more housing.

Zimbabwe to issue new bond notes to bolster liquidity

The Governor of the Reserve Bank of Zimbabwe (RBZ), Dr Mangudya announced on the 15 September 2016, that “bond notes” will be issued by the end of October.

DRC Adopts New Oil and Gas Legislation

The Democratic Republic of Congo (DRC) is considered to hold considerable crude oil reserves - perhaps 6% of the entire African continent’s reserves.

The changing face of rail in South Africa

The role that rail transport plays in the movement of both people and freight in South Africa is undergoing significant change in the face of increased demand.

Part 2 How should international investors deal with dispute resolution issues in Ethiopia: the practical considerations

Investors are currently negotiating with the government of Ethiopia to establish acceptable dispute resolution procedures to govern disputes that might arise in the context of the significant infrastructure.

Part 1 How should international investors deal with dispute resolution issues in Ethiopia: the Background

Ethiopia is currently high on the investment agenda. At the Global African Investment Summit in London in December 2015, it was highlighted as one of the models for development in Africa.

Export of containerised cargo and the impact of recent changes to SOLAS VI in Southern Africa

In Southern Africa, transportation relies on major transport corridors, which ultimately, depend on a limited number of key port states.

The changing face of South Africa’s shipping legislation

The government is about to launch an ambitious and extensive overhaul of South Africa’s shipping legislation to align it with modern practices and with the laws of the country’s major trading partners.

All Aboard: A Rail Infrastructure Resurgence in Africa

With more than $30 billion in African rail projects either in development or planning phases, rail infrastructure is going full steam ahead on the continent.

Light at the end of the corridor for trade in Africa

One of the keys to unlocking efficient and cost effective trade in Africa lies in striking the correct balance between the transportation of goods via road, rail and sea.

Part 2 Recent developments in trade and customs in South Africa

Following on from our previous blog post on trade and customs in South Africa, Part 2 explores the trade compliance and what needs to be done.

The increase of transport insurance recoveries in Africa means doing business differently

International traders and their brokers must be aware of the risks involved in trading and insuring commodities in the African market.

Creation of Botswana Energy Regulation Authority is approved

The long-awaited, much-promised Bill to create a new regulatory agency – the Botswana Regulatory Authority (or BERA ) - to oversee energy matters in Botswana has been passed by the Parliament of Botswana.

New DRC Oil and Gas Legislation

The Modern Slavery Act 2015 – Do the new reporting obligations apply to you?

Certain companies incorporated in, or doing business in, Africa will be impacted by recent legislation in the UK designed to provide law enforcement agencies with stronger tools to tackle modern slavery.

Currency conundrums in Zimbabwe

Zimbabwe abandoned the use of its own currency, the Zimbabwe dollar, in February 2009 and adopted a multi-currency regime.

Geothermal projects in East Africa – full steam ahead?

Steam rising for African geothermal – Project Finance International

African geothermal hit the headlines in July 2015, when during President Obama's visit to Ethiopia Ethiopian Electric Power and Corbetti Geothermal signed Ethiopia’s first independent power purchase agreement.

How much is your investment worth? Using DCF in valuing mining investments in BIT arbitration

Investors in mining often structure investments to deliberately benefit from the protections of bilateral investment treaties. A key question is the value of the investment in the eyes of the arbitral tribunal.

Africa faces many hurdles in its path to agri victory: who is helping?

Africa is experiencing various hurdles in its path to becoming a world agricultural superpower. So what is being done to support the countries most affected?

Recognition of EEA bail-in rights in Africa update – amendment to UK rules

The scope of the existing PRA rules on contractual recognition is broad and in some circumstances, particularly in the trade finance context, compliance with the rules may be impracticable.

Part 2 Implications of Brexit: the possible opportunities for Africa

Brexit provides a unique opportunity for African nations to join together to leverage their position and collective bargaining power to negotiate more advantageous trade deals.

Tanzania – the new president’s budget; putting energy, infrastructure and industrialisation first

The first budget of the new President, Dr Magufuli, aims to encourage economic growth through job creation and industrialisation.

Part 1 Implications of Brexit: the possible impacts for Africa

In this environment, investors operating on the African continent are trying to answer a complex and important question: how will Brexit impact Africa?

CNBC Africa - Exploring business risks and opportunities post Brexit

Riza Moosa comments on the challenges facing businesses following the UK’s vote to leave the European Union.

Africa - A major untapped market for the airline industry?

Competition law enforcement crosses African borders

On 26 May 2016, in a bold move toward cross-border cooperation, the competition authorities of eight members of the Southern African Development Community signed a memorandum of understanding (MoU).

The impact of FOREX tightening on the economy and on global businesses: A focus on Nigeria and Zimbabwe

Since gaining independence from Great Britain in 1960, Nigeria, one of the ‘MINT’ economies, is often hailed as the emerging market to watch during the 21st century.

Masen’s NOOR solar energy projects

The NOOR PV I program, comprising three separate photovoltaic (PV) projects at different locations in Morocco, is the third round of procurement in Morocco’s Solar Plan.

Kathu Solar Park concentrated solar power project

Kathu Solar Park is a 100MW CSP plant using parabolic trough technology that will be equipped with a molten-salt storage system that allows 4.5 hours of thermal energy storage.

Ilangalethu CSP 1 concentrated solar power project

Financing African solar PV projects

In the last year solar photovoltaic (PV) power projects have increased in size and number, with several reaching financial close in Sub-Saharan Africa – a high number in South Africa under the Renewable...

African solar construction issues

Norton Rose Fulbright has advised sponsors, funders, contractors and governments on the construction and operation aspects of solar photovoltaic (PV) and concentrated solar power (CSP) projects across Africa.

Gas-to-Power

This briefing follows our briefing issued in August 2015 regarding the question of gas-to-power being an appropriate solution for South Africa’s electrical energy requirements.

A focus on the Egyptian power market

Egypt’s demand for electricity has been growing rapidly due to increased urbanisation and economic growth and the need to develop power generation, including alternative forms of power resources is becoming...

The Paris Agreement: the future of renewables in East Africa

The pact announced at COP21 last December, known as the Paris Agreement, does not require countries to meet climate targets but it does oblige all nations to at least subject their climate plans to public...

Nuclear: The African story

Is nuclear a realistic solution to meet the power demands of developing African nations?

Managing political risk

Lawyers at Norton Rose Fulbright have a deep understanding of many of the available tools for managing political risk for projects in Africa.

How can Independent Power Producer (IPP) investments be accelerated on the African continent?

What keeps the risk-return profile of investments unattractive and projects commercially unviable?

Angola - Diversification and reform

Since oil was discovered in Angola with commercial success in 1955, Angola’s oil industry has grown at a rapid pace.

COP21 – The Paris Agreement

The “Paris Agreement” is being widely proclaimed as a historic deal and one that will inevitably lead to decarbonisation. It seems clear that the Agreement could herald a significant shift to a low carbon...

Captive power generation

A captive power plant is a plant that supplies power wholly or primarily to one industrial customer (or a limited number of industrial customers), rather than to a utility.

Morocco – a strategic financial hub in Africa

Morocco benefits from a good strategic geographic position and political stability, especially when compared with its neighbors in North Africa and the Middle East. This makes it an attractive jurisdiction.

“Dubai: Gateway to Africa”…

…was the catchy theme of the African Global Business Forum held last November in Dubai. Dubai is successfully positioning itself as the main international hub for trade with the African continent.

Enhancing flexible generation across Africa through LNG-to-power

From Egypt to South Africa, Kenya to Morocco, LNG-to-power has been and is being either implemented or considered as an important component in Africa’s energy mix.

Tanzania - Investing in the African electricity sector - Ten things to know

Nigeria - Investing in the African electricity sector - Ten things to know

Solar PV+

We are standing at the dawn of a new era. Over the last 10 years, the solar PV industry has defied the sceptics and has gone from being a cottage industry to a major disrupter to all traditional energy sources.

Financing rail infrastructure projects in Africa – challenges and solutions

The former chief economist of the African Development Bank, Professor Ncube, has forecast that growth in Africa will decrease to 4.5 per cent during 2015 and is unlikely to rise to more than 5 per cent next...

Zambia’s Fight To Boost Investment Incentives for mining

The current commodities cycle and related economic risks continue to contribute to suboptimal levels of investment in mining in Africa. Zambia proposes to boost investment incentives by changing its tax regime

Importing and exporting goods made easier: Receivables Financing in Africa

Obtaining conventional bank loans is still proving to be problematic for both foreign and local companies importing or exporting goods into or out of Africa.

Update on Zimbabwean indigenisation

The Zimbabwean Minister responsible for indigenisation published General Notice 9 of 2016, the “Frameworks, Procedures and Guidelines for Implementing the Indigenisation and Economic Empowerment Act".

Where is the diamond? A review of dispute credentials of Sub-Saharan Africa

This series will aim to locate the jewel in Africa’s crown. We focus on the enforcement of foreign arbitral awards, which is a key factor for investors considering potential markets in which to invest.

Uganda introduces Islamic Banking and Bancassurance

Driven by the need for a progressive and globally appealing financial sector Uganda recently enacted the Financial Institutions (Amendment) Act 2016 to amend the Financial Institutions Act 2004.

Mozambique farmers ready to reap the benefits of investment

African Development Bank (AfDB) announced that between 2016 and 2017 it hopes to triple the level of support it provides to Mozambique. This would mean funds of around US$1.7 billion earmarked for Mozambique.

Djibouti: Becoming a key player in Africa

With a population of a mere 875,000 and a GDP figure of $1.58 billion, the state of Djibouti rarely makes international headlines. But things are changing.

What comfort does South Africa’s Protection of Investment Act provide to foreign investors?

South Africa’s current radical approach to investment protection is raising questions amongst foreign investors.

Financing projects in Africa: looking back and it’s not all doom and gloom

Lower commodity prices made 2015 a somewhat challenging year for project finance but despite the negative outlook, African deals are still being brought to market, securing finance for longer term investments.

GARETT - STYLESHEET TESTING

Renewable energy generation and the need to store it

The interplay between energy storage technology and renewable energy generation is particularly relevant in Africa as it holds the potential to unlock economic growth.

Africa’s challenging path to becoming an agri superpower

Despite the continent’s potential to become a major agribusiness player, the regulatory environment is not yet supportive enough to attract large investments.

Unlocking Africa’s energy potential: 'If you want to go fast, go alone. If you want to go far, go together’

African Development Bank President, Akinwumi Adesina, described energy as ‘the lifeblood of any society and the passport to economic transformation’. Creating energy to light up Africa is high up on the agenda.

Africa’s New Deal: Bankability and government support insights from the Indonesian market

In January, the African Development Bank (AfDB) launched the ‘New Deal on Energy for Africa,’ an ambitious plan to light up Africa.

Japanese infrastructure investment in Africa – can TICAD deliver?

For the first time in its 23–year history, the next Tokyo International Conference on African Development (TICAD) will be held on African soil in Kenya.

Recognition of EEA bail-in rights in Africa – amendment to UK rules

Good news for UK financial institutions doing business in Africa under local law contracts.

Inter-regional grid infrastructure development in Africa on the rise

The lack of formal grid infrastructure across the African continent has created an opportunity to develop off-grid and mini-grid solutions which can assist in bringing power to rural and isolated communities.

Zimbabwe and Indigenisation: Clarification of Government policy?

In the latter months of 2015, signals were given from Zimbabwe Government circles to the effect that Zimbabwe’s indigenisation policy, and the manner of its implementation, would be clarified in the New Year.

Super senior security for new money in OHADA restructurings

Those located in the 17 OHADA jurisdictions in West and Central Africa have a new tool at their disposal: the possibility of a super secured senior position for creditors providing new money.

Nigeria’s Magic Beans

Of the major African economies, Nigeria has been hit hardest by the fall in oil prices. For those who remember Nigeria’s economic pressures of the 1980s, this will feel like déjà vu.

Africa, Commodities trading and Piracy

The combination of the three words ‘Africa’, ‘commodities trading’ and ‘piracy’ would have had four years ago everybody talking about piracy off the coast of Somalia.

Successful prosecution under the Work Health and Safety (WHS) Act in NSW

Safe Work New South Wales v Austral Hydroponics P/L; Safe Work New South Wales v Eang Lam [2015] NSWDC 295. Safe Work NSW has brought a successful prosecution against...

Zimbabwe: A tale of two extreme ends: Mineral exploration & marketing

The Government of Zimbabwe in December 2015 published a draft bill targeted at promoting exploration and marketing of minerals. The Bill has caused excitement in the market.

A clean power initiative for Africa

300GW of renewable energy capacity by 2030. This is the ambitious target which the Africa Renewable Energy Initiative (AREI) has set itself to boost renewable energy investment and bring power to 645m people.

A clean power initiative for Africa

Electrifying Africa: Obama signs Electrify Africa Act into law

The Electrify Africa Act has been signed into law by U.S. President Barack Obama. The bipartisan legislation codifies promoting access to electricity and power development in Africa as a long-term U.S. foreign.

New financial provision regulations promulgated for mining in South Africa

Recent changes to the laws on the financial provision for closure and rehabilitation of mining operations represent a major step in enhancing the principle of sustainable development.

Recognition of EEA bail-in rights in Africa - update

At the end of 2015, the Loan Market Association and the Loan Syndications and Trading Association published suggested clauses for the contractual recognition of EEA regulators’ bail-in rights.

Smart regulation is the key to unlocking Africa’s agribusiness potential

Africa has a great potential to become a major source of world food supplies. The lack of suitable regulation however remains one of the main impediments to Africa’s growth.

Healthcare Infrastructure: Developing R&D and manufacturing infrastructure in the life sciences industries

An issue that remains a continuing subject of literature and debate is accessibility, pricing and affordability of medicines in Africa.

Contractual recognition of EEA bail-in powers in Africa

From 1 January 2016, financial institutions established in EEA member states (and their overseas branches) are required under Article 55 of the Bank Recovery and Resolution Directive (2014/59/EU) (BRRD), to...

China’s slowdown: a cause for concern in Africa?

A growing diversification of Chinese investment beyond the natural resources sector provides a counter balance to fears of contagion arising from reduced trading volumes in Africa.

Video: Norton Rose Fulbright in Africa

Martin McCann and Raj Karia discuss the evolution of Norton Rose Fulbright’s work in Africa and explore the opportunities and challenges that lie ahead.

Breaking the resource curse

Export restrictions on raw materials

Rain, record temperatures... and risk

How extreme weather in Africa may impact our contracts.

Masen’s NOOR solar energy projects – the achievements of Morocco’s Solar Plan

As the tender process for the NOOR PV I program reaches shortlisted bidder stage, we take a brief look at the significant achievements of Morocco’s Solar Plan.

Bankable energy tariffs in Nigeria – A nagging concern for Investors

Nigeria’s petroleum regulatory framework – taking a smaller bite at the big apple of reform

The Nigerian government recently changed its strategy to overhaul the country’s petroleum regulatory framework, proposing a new regulator and splitting the country’s state oil giant in two.

Electrifying Africa: A U.S. initiative for Africa

The power shortages and consequent economic difficulties faced by sub-Saharan Africa may slowly begin to improve after the U.S. Senate gave its nod to the long awaited Electrify Africa Bill in December 2015.

A new wave of projects in Ghana

Recognition of EU bail-in rights in contracts governed by non-EU law

From 1 January 2016, EU financial institutions active in Africa will need to include a new clause in their non-EU law governed loan agreements, trade finance instruments and other agreements.

Ghana’s new PPP bill – what impact will it have on existing projects?

Ghana has had a National Policy on Public Private Partnerships (PPPs) in place since 2011, and a draft PPP Bill is currently making its way through Parliament.

User guidelines

Workforce Establishment and Development in Africa

Africa’s abundance of natural resources has made it extremely attractive to mining companies.

Investing in Africa – how to maximise your return

We will be producing a series of blog posts assisting clients looking to invest in Africa with achieving maximum return from their investments.

OHADA Uniform Act on Insolvency

A new OHADA Uniform Act on Insolvency will come into force on 24 December 2015 in 17 African countries

Africa’s fastest solar project

Guardian article highlights the speed of construction of the Rwanda 8.5MW solar PV project, but the project’s success was cemented well before construction.

Laws changing the lay of the land

Sweeping changes to mining legislation are taking place across French-speaking sub-Saharan Africa. We look at those changes

Video: Is Africa an untapped market for the airline industry?

A short video on the challenges, opportunities and success stories on the path to unlocking the full potential of Africa’s aviation market.

Zanzibar and Tanzania vie over oil reserves

Vast natural gas discoveries in East Africa are attracting global interest and investment and have given rise to complex and politically sensitive boundary disputes in the region.

Local content and procurement requirements in frontier African oil and gas jurisdictions – One size does not fit all.

A blog series on Local content and procurement requirements

Global African Investment Summit – setting the agenda for development

The Global African Investment Summit’s Hardtalk session on the challenges of investing in Africa identified two key issues for understanding the misperceptions and overcoming the barriers for investment.

Global African Investment Summit talks agribusiness

Agribusiness was one of the focus areas of the Global African Investment Summit, a two-day event attended by leading politicians and members of the business community.

MTN Fine: Implications for Doing Business in Nigeria

MTN announced that the Nigerian regulators have agreed to reduce the US$5.2 billion fine against it to US$3.4 billion.

Corridors of Power – Eskom’s African Transmission Development Plans

Enhancing sustainable development by using biodiversity offsets

Business challenges can become opportunities

Improved regional stability and economic development bodes well for investors in West Africa.

Remotely piloted aircraft systems: do new South Africa regulations facilitate mining?

A look at the benefits of RPAs on mining processes.

Investment protection in Angola

Despite a negative outlook, Angola is seeking structural reform to promote investment.

South Africa ranked 73rd in World Bank’s Doing Business Report

South Africa's ranking in the Doing Business Report exposes challenges for investment.

The future of African antitrust

Africa's regional regulatory bodies are playing a greater role in reviewing mergers and investigating and prosecuting anti-competitive conduct.

Does China's 'Black Monday' signal dark times ahead for Africa?

What does the recent downturn in the Chinese stock market mean for investment in African infrastructure?

Sanctions and agribusiness – are there exemptions to ensure food security?

Sanctioning bodies may consider exempting trade in agricultural goods from sanctions. What does this mean for African agribusiness?

North Africa: The next big towerco market?

MobiNil’s sale to Eaton Towers of around 2,000 of its Egyptian towers has led commentators to predict a wave of new tower deals in North Africa over the next year.

Conflict Minerals: How Dodd-Frank is affecting mining in the DRC

The Dodd-Frank Act’s scope extends beyond financial regulation to touch on ‘conflict minerals’ sourced from the Democratic Republic of Congo.

LMA launches new African documents

The Loan Market Association (LMA) has launched a new South African recommended form of loan agreement and revised the East African and Nigerian recommended loan agreement.

Acquiring land for projects - an update from Uganda

A recent case has clarified the way in which the Ugandan government uses its powers of compulsory acquisition of private land for public purposes.

Agrarian receipts – assisting Africa’s fragmented farmers

Norton Rose Fulbright (together with the IFC and FAO) to assist Africa’s fragmented farmers with introduction of agrarian receipts.

How Africa is implementing COP 21

In the run up to COP21 taking place in Paris from 30 November to 11 December 2015, we have created an online resource summarising the Intended Nationally Determined Contributions.

Local partners: perspectives from Africa

African jurisdictions are increasingly the focus of foreign investors and often use local partner requirements as a policy tool.

South Africa’s hydraulic fracturing regulations – what they mean for exploration companies

After a long period involving heavy debate, 3 June 2015 saw the enactment of the Regulations for Petroleum Exploration and Production.

China’s ‘Belt and Road’ initiative: opportunities for investment in Africa infrastructure

China's ‘Belt and Road’ initiative has the potential to open a raft of new development opportunities for African infrastructure, mining and power projects.

A guide to the LNG market in Morocco

Morocco is highly dependent on imported energy and remains one of the largest net importers of hydrocarbons in North Africa.

Financing rail infrastructure projects in Africa

Growth in Africa will decrease to 4.5 per cent during 2015 and is unlikely to rise to more than 5 per cent next year

Why ‘force majeure’ provisions matter – lessons learned from a military coup in Burkina Faso

Contract mechanisms such as 'force majeure' provisions respond to the unexpected, unpredictable and uncontrollable.

Mining – a tough year globally, but optimism remains in Africa

The mining and metals industry is going through a rough period, but there are good reasons to be hopeful for the future.

Zimbabwe’s honey farming industry – unlocking Africa’s agricultural potential through innovation

As investment in African agriculture grows, local small-scale producers have the potential to go beyond satisfying local market demands and look to global markets.

Obama’s Power Africa initiative caught in US congressional deadlock

President Obama’s Power Africa initiative, launched in Cape Town 2013, promises to double electricity access in sub-Saharan Africa over the next five years.

Video: Breaking the resource curse

Matthew Hardwick discusses how countries in sub-Saharan Africa are addressing the resource curse to encourage investment in the local manufacturing sectors.

Tanzania develops first independent wind farm

The International Finance Corporation has partnered with Aldwych International and Six Telecoms to develop Tanzania’s first ever wind farm in the central town of Singida, north of Tanzania.

Repatriation obligations in West Africa – the impact on mining companies’ cashflow structure

Mining companies based in West African jurisdictions are commonly faced with an obligation to repatriate revenues deriving from the sale of mined products.

Investing in renewable energy with DFIs: Watts the deal?

The benefits (and challenges) of DFIs in African jurisdictions

African elections 2015: how the ballot box affects investors

By the end of 2015 voters in 14 African states are scheduled to have cast their ballots in general elections.

Transfer of power – developing a regional electricity generation market across Southern Africa

After years in which regional transmission lines have become congested and cross-border sales have declined, there are signs that change is finally on the way.

Scaling photovoltaic IPPs in Africa

IFC initiative for Africa SPV projects.

Mining royalties: in focus

For banks and corporations active in the mining and commodity finance market.

OHADA's Uniform Law on Security Interests: Harmonising business law across Africa

A look at OHADA's uniform law on security interests.

Senegal: a guide to Senegalese mining legislation

A look at the mining legislation framework in Senegal. First published in December, 2014. Test.

Solar photovoltaic project in South Africa: project profile

The sister Lesedi/Letsatsi projects won the PFI 2012 African Renewables Deal of the Year.

First wind farm in Senegal: project profile

In order to develop non-fossil energy resources in Senegal, the state has authorised the development, construction and operation of the country's first wind farm project.

Financing uranium mining: a guide for junior mining houses

In today’s economic climate, the traditional project finance model based on high stable commodity prices and the availability of debt is being challenged.

EPCM contracts: key issues for junior mining companies

A description of the EPCM procurement structure and some of the key issues that should be considered by any junior miner contemplating its use for mining infrastructure delivery.

CEMAC foreign exchange regulations: Cameroon, Republic of Congo, Central African Republic, Chad, Gabon, Equatorial Guinea

A 2014 note on the main provisions of the exchange regulations governing CEMAC, the Central African Economic and Monetary Community (Communauté Economique et Monétaire de l’Afrique Centrale), adopted in 2000.

A focus on streaming: highlighting new issues and approaches

A brief description of streaming as a means of finance, explaining the common structures used and highlighting the benefits, risks and protections that exist for this approach to financing.

Sharing mining infrastructure: across the African mining sector

The case for shared use infrastructure in the mining sector in Africa: defining the issues facing governments, mining companies, third party infrastructure users, and funders; outlining the barriers to implemen

Telecoms infrastructure in Zambia

Telecoms infrastructure in Zambia – Ten things to know

Telecoms infrastructure in Malawi – Ten things to know

Telecoms infrastructure in Burundi

Telecoms infrastructure in Burundi – Ten things to know

25MW biomass power plant in South Africa: project profile

Under the South African REIPPP Programme, South Africa has a target of 10,000 GWh of power generation from renewable energy sources. test

Solar energy in Africa: structure of a solar power purchase agreement

Across Africa, power projects are moving from traditional thermal to solar PV and CSP. Governments accustomed to procurement of thermal and hydro power projects are now encountering unfamiliar...

Shale gas: South Africa

The handbook is a global quick reference guide for all those involved in the exploitation of unconventional gas resources.

Mining codes in Africa: Togo amendments (proposed 2014)

A February 2014 note on draft amendments to Togo's mining legislative framework. The draft bill remains subject to change.

Solar power opportunities in Sub-Saharan Africa: power to the people

A briefing providing insight into the developing market of solar power in Sub-Saharan Africa and its capacity to address the energy deficit which exists in the region.

Privatisation of distribution companies in Nigeria: project profile

Acquisition by the Kann Consortium and West Power & Gas of successor distribution companies as part of the Nigerian power sector privatisation.

Hydroelectric power plant in Nigeria: project profile

In 2005, the Nigerian government passed the Electric Power Sector Reform Act 2005 (EPSRA) with a view to encouraging private sector investment in the generation and distribution sub-sectors of the Nigerian powe

Mozambican mining law changes: updater – extension of taxation on Capital Gains

Mozambican mining law dates back to 2002 and is presently under review. Its revision is well overdue in addressing the developments in the sector and the changing dynamics of the mining industry.

Moroccan CSP programme: project profile

Five sites have been selected for the development of solar power plants as part of the Moroccan Solar Plan, with the 500MW phase one solar power complex at Ouarzazate the first to be developed.

Mining in Africa: Ghana – ten things to know

Makeni bioethanol and power project in Sierra Leone: project profile

The project, undertaken by Addax & Oryx Group, involves the construction, operation and maintenance of a bioethanol plant with an annual capacity of 85,000,000m³ and a 32MW power plant.

Kariba South dam extension: project profile

The Kariba dam is situated in the Zambezi river basin between Zambia and Zimbabwe and dates back to 1958, when the damming of the Zambezi river resulted in the creation of Lake Kariba .

Mining codes in Africa: 2014 amendments to provisions in Côte d'Ivoire

A 2014 note on Côte d’Ivoire's new mining code, looking at rights and obligations arising from mining titles (exploration and exploitation permits).

Solar photovoltaic plant in Rwanda: project profile

The government of Rwanda is targeting 563MW installed capacity by 2017 including from renewable energy sources.

Mozambique: forms of security available in Mozambique to foreign lenders

A proper understanding of how security can be taken and how risk can be mitigated is of paramount importance to investors.

Finding finance in the mining and metals sector: a guide for mine developers

An in-depth reference guide looking at possible solutions to successfully securing finance for mining activities. First published in June, 2013.

Mining project investment: a guide to finding strategic investors

A look at the potential sources of investors to mining projects and the approach to obtaining investment. First published in August, 2013.

Solar energy in Africa: financing solar PV projects

In 2014, there was a marked upturn in interest in solar projects in the African market. Some project finance lenders have not financed solar PV previously, or not in sub-Saharan Africa, and are taking...

EPC and EPCM contracts: a guide for junior mining companies

A guide to EPC and EPCM contracts for junior mining companies seeking to achieving a project structure that is bankable and delivers optimal returns. First published in June, 2013.

Mining codes in Africa: Gabon amends (proposed 2014)

A 2014 note on draft amendments to Gabon's mining legislative framework, looking at rights and obligations arising from mining titles (exploration permits, exploitation permits and mining concessions).

Cambambe Dam: project profile

A team from Norton Rose Fulbright's London office negotiated and drafted complex finance documents with the lenders, led by HSBC and Société Génerale and backed by export credit agencies CESCE and Euler Hermes.

Abengoa Khi Solar One and Abengoa Kaxu Solar One: project profile

We advised Abengoa Solar International and the Industrial Development Corporation as Sponsor’s and Borrower’s legal counsel in respect of their development, structuring, construction, operation and...

The Republic of Guinea: a guide to amendments to the Guinean mining code

A look at amendments to the Guinean mining code introduced in 2013.

Alternative financing sources: for mining companies

A briefing on alternative tools which can be employed by mining companies in financing their projects. First published in 2013.

Solar energy in Africa: construction issues

There has been a marked upturn in interest in solar projects in the African market. This note outlines construction issues encountered in solar PV projects developed in Africa.

Accessing Chinese investment: a guide for mining and resource infrastructure clients

The resources sector was one of the hardest hit by the credit crunch. Drops in commodity prices and the absence of debt for project developments

A guide to developing mining projects: South Africa

South Africa’s mineral endowment is well known and covers precious metals (gold, silver, platinum group metals), precious stones (diamonds), base minerals (iron ore, chrome, manganese, coal, heavy mineral sands

Local partners in Africa: opportunities and challenges for foreign investors

A look at the use of local partners In African jurisdictions. First published in February, 2014.

Gas-to-Power: a solution for South Africa’s energy needs?

South Africa is facing a growing energy crisis. In the absence of significant proven gas reserves, it will need to import LNG to support the development of power generation capacity.

Breaking the resource curse: an opportunity for investment in Africa’s process sector

A look at the legal and economic implications of export restrictions and their impact on resource exploitation across Africa. For potential investors considering the viability of investment in process industrie

East Africa solar

On a daily basis the sun provides about 10,000 times more energy to the world than we consume.

Building bridges: in search of solutions for Africa’s infrastructure gap

An examination of the infrastructure challenges facing Sub-Saharan African countries and the initiatives to solve those challenges.

Taking the long view: the global potash market

A global overview of the potash market with a brief mention of developments in Ethiopia and the Republic of Congo

Commodity exchanges: helping Africa's fragmented farmers

This content was first published in the 2014 edition of Cultivate, our quarterly food and agribusiness newsletter.

Sub-Saharan Africa’s agricultural sector: unlocking potential through collaboration at all levels

An examination of the ways in which Sub-Saharan Africa's smallholding farmers can use private sector investment and increased cooperation amongst rural producers to grow the region's agribusiness sector.

West Africa’s wave of mining reform

A look at recent mining legislation reforms in West Africa and its potential impact on the local economy and foreign investment.

Telecommunications towers in Africa: the next phase

An outline look at the specialised tower company business model

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