International Business, Mining, Oil and Gas, Corporate & Litigation Law Firm in Kinshasa

Emery Mukendi Wafwana & Associates

Immeuble BCDC 4ème Niveau
Avenue Munongo/Mwepu

Lubumbashi 1825
DR Congo

Phone+243 (99) 702-4160
Fax +1 (646) 786-4680

Law Firm Overview

Emery Mukendi Wafwana & Associates is an international African law firm with a prominent business and mining practice.



Emery Mukendi Wafwana & Associates - Providing services in the following areas of law:

Articles Published by Emery Mukendi Wafwana & Associates

 Outline of the New Insurance Code of the Democratic Republic of Congo

The new DRC Insurance Code represents a real revolution in this sector, which has been so far affected by the disparity of laws, which are sometimes obsolete and unsuitable to the international conventions in this matter, and by the monopoly granted to the "Société Nationale des Assurances ".

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 Enforcing the 1958 New York Convention in the Democratic Republic of the Congo

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 26 June 2013 authorizing the accession of DRC to the Convention in accordance with article 215 of the Constitution.

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 Ratification to the Treaty Relating to Grand Inga Hydroelectric Project in the Congo

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.

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 Deforestation Tax in the Democratic Republic of the Congo: 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.

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 USA: Business Structures Available for Foreign Investors

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.

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 Articles of Association or Conversion into Companies Created Under AUDSC-GIE?

In order to harmonize them in the event of the new N-AUSC-GIE's entry into force", we have arisen, in an "ohada" purist context, the issue of the survivability of harmonized Congolese companies, which have not harmonized their articles of association with the provisions of Uniform Act on Commercial Corporate and Economic Interest Group of April 17, 1997, (AUDSC-GIE), when the New Uniform Act on Commercial Corporate and Economic Interest Group of January 30, 2014 (N-AUDSC-GIE) comes into force.

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

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".

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 Monthly New Employer's Share to be Paid by Employers to National Employment Agency "ONEM"

On September 26, 2013, the Minister of Labour and Welfare passed an Order No 125/CAB/MIN/ETPS/MBL/DKL/dag/2013 amending and supplementing this Departmental Order No 028/CAB/MIN/ETPS/DKL/dag/2013 of March 18, 2013 establishing the rate of monthly employer's share to be paid by Employers to ONEM in accordance with article 93 as stipulated in the Constitution of Democratic Republic of the Congo, which allows the Minister to decide by means of an Order.

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 The Democratic Republic of the Congo is Legislating Leasing Operations

Through the decades, the economic environment of the Democratic Republic of the Congo ("DRC"), has been undermined by several problems causing unfavorable situations to carry out commercial, economic and industrial activities.

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 Trusts, Role of a Trustee and Family Wealth Management in South Africa

There are a number of particularly important decisions which must be made in establishing a family trust (The Trust Property Control Act, 1988 (Act No. 57 of 1988) regulates the control of Trust property and provide for matters connected therewith) as well as consideration for the potential risks involved.

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 The Importance of a Will in South Africa

For some reason setting up our last will and testament makes us think about our own mortality, and so we have a tendency to put it off. There are still many South African citizens who have not planned for the devolving of their estate. There are certain scenarios that we need to avoid to prevent complications when an estate is being devolved.

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 Legislation on Electric Energy in the Republic of the Congo

The Republic of the Congo, often called Congo-Brazzaville, is a country located in Central Africa. The Republic of the Congo straddles the Equator line and covers a surface of 342,000 km2 with a population of approximately four (4) million.

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 Congo-Brazzaville: Bill on the Creation of a Congolese Investment Fund has been Adopted

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.

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 Development Bank of Southern Africa Amendment Bill

The main objects of the Bill are to propose amendments to the Development Bank of Southern Africa Act, 1997 (Act No 13 of 1997 - "the Act")

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 RSA: Amendments to the Immigration Act, No 13 of 2011

On 26 August 2011, the Immigration Amendment Act 13 of 2011 (the Act) was passed. The current Act provides for the issuance of approximately 14 different types of permits which cover all categories of persons residing in the Republic of South Africa on a temporary basis. Additionally, the current permit granting system does not allow for the implementation of the risk-based methodology procedure as prescribed in the Act.

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 Democratic Republic of Congo: Mining companies and the Value Added Tax (VAT)

In the following paragraphs, we do not have the pretention to review the legal meaning of the Ordinance-Act No 10/001 dated August 20, 2010 related to the institution of VAT which has replaced the Revenue Tax (ICA). We shall rather focus on analysing whether the Ordinance-Act mentioned above is applicable to eligible mining companies under the Mining Code enacted by the Act No 007/2002 dated July 11, 2002 related to the Mining Code.

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 Democratic Republic of the Congo: The Ownership of a Mine After Termination of Mining and Quarry Rights

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.

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 The Democratic Republic of the Congo New Agricultural Law No. 11 /22

“The DRC New Agricultural Law No. 11 /22 of December 24, 2011″ in Africa Law Today, Vol. 4, Issue 3, 2012

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 The Democratic Republic of the Congo is Privatizing its Insurance Sector

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.

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 Democratic Republic of the Congo: Delay in Application of Uniform Act on Business 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.

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 Democratic Republic of the Congo: New Agricultural Law n° 11/022 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.

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 Insurance and Reinsurance in South Africa

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.

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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.

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 Aviation Security Interests in the Democratic Republic of Congo and the CEMAC

Through Law No 10/014 of December 31, 2010 in respect of civil aviation, the Democratic Republic of Congo (“DRC”) has reformed and modernized the legal and institutional framework of air transport.

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 Significant Changes Currently Taking Place in Electrical Power Law in the Democratic Republic of Congo

In article 48 of DRC Constitution of 18 February 2006 as amended to date, the right of access to electricity is enshrined and guaranteed to the entire Congolese population. However, in actual fact, the situation is quite different because of the huge deficit in the supply of electricity to the population i.e. there is a weak coverage rate. Only a small number of the population have access to electricity and even then only infrequently.

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 Characteristics of Hydrocarbon in the Republic of Congo

The Republic of Congo is one of the hydrocarbon-producing countries in Africa. This production accounts for a larger contribution of around 75% to the State budget.

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 Burkina Faso: The National Assembly Has Passed the New Environment Code

Located in the heart of West Africa, Burkina Faso, a Sahel country is among the group of least-developed countries.

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 Congo-Brazzaville: Creation of an Investment Promotion Agency

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.

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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.

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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.

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 Gabon: Council of Ministers Adopts Draft Law on Mining Sector

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 by introducing a new institutional, fiscal and technical framework.

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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.

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 New Regulations on Tax Residency Certificate in Mauritius

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.

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 Accession of the Democratic Republic of the Congo to the New York Convention on Arbitration

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”).

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 Democratic Republic of Congo: 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.

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 Democratic Republic of the Congo: Adoption of National Economic and Social Council Law

Adoption of the law on the organization of the National Economic and Social Council.

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 Democratic Republic of the Congo – 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.

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 Democratic Republic of the Congo Postpones Ban on Export of Copper and Cobalt Concentrates

Democratic Republic of the Congo’s ban on export of copper and cobalt concentrates postponed until December 31, 2013.

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 Democratic Republic of the Congo: 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”.

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 Accession of Democratic Republic of Congo to OHADA: Impact on State-Owned Companies

Protection of state-owned companies subsequent to the accession of the Democratic Republic of Congo to OHADA.

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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.

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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.

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 New Exploitation Environmental License: New Requirement for Mining Operators in the DRC

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.

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

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.

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 New Exploitation License for Mining Operators in the DRC

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.

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 Business Rescue in the New Companies Act of 2008

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.

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 Ratification of the Cooperation Agreement of September 9, 2010 Between Congo-Brazzaville and Angola

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, 2013.

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 Oil Legislation in the Republic of the Congo

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.

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 Mining Legislation in the Republic of the Congo

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.

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

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.

Read Article

 New Exploitation License for Mining Operators in the DRC

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.

Read Article

 Oil Legislation in the Republic of the Congo

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.

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 Burkina Faso: The Council of Ministers Adopts the Draft of New Mining Code

On October 2, 2013, the Council of Ministers of Burkina Faso adopted a draft of new mining code. This draft which was in discussion since 2012, aims to amend and replace the Law No. 031-2003/AN of May 8, 2003 on the Mining Code in Burkina Faso.

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 Agricultural Legislation in the Republic of the Congo

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.

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 Forest Legislation in the Republic of the Congo

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.

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 Inga Falls - Hydro Power - Congo

Following the energy cooperation agreement between the Democratic Republic of Congo and the Republic of South Africa on 7 March 2013, the $ 80 billion hydro power project- “Inga power project” which will start in October 2015 is set to harness the power potential of the Congo River, sub-Saharan Africa’s greatest waterway.

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 Registration of a Private Security Company in South Africa

Currently, the private security industry in South Africa is bigger than what it has ever been. The role of private security companies is distinctively different to that of the police, they view their role as private security to really aid and support the police. The South African government claims that it is an industry that threatens national security and is determined to tighten its regulation.

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 Oil Legislation in the Republic of the Congo

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.

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 Implications of the Carbon Tax on South Africa’s transition into a greener economy

As developing countries, such as South Africa, transition into more industrialized countries, they face numerous problems relating to their social, economic and political development. Despite South Africa’s incorporation of ideas such as state equality, principles of non-aggression and non-intervention, in which it aims to earn its seat in the framework of International Law; there is no doubt that South Africa is still searching for its respective place in the global economy.

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 Income Tax Act, 1962 : Section 12L

As part of an initiative to become more energy efficient, the South African Government has decided to incentivise reductions in energy usage. Coming into operation on 1 November the recently introduced section 12L of the Income Tax Act, No 58 of 1962 (‘the Act’) provides for a tax deduction calculated by a set formula pertaining to the amount of energy saved for any person that is carrying on a trade during any year of assessment ending before 1 January 2020.

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 Registration of a Private Security Company in South Africa

Currently, the private security industry in South Africa is bigger than what it has ever been. The role of private security companies is distinctively different to that of the police, they view their role as private security to really aid and support the police. The South African government claims that it is an industry that threatens national security and is determined to tighten its regulation.

Read Article

 Hydro Power Harnesses the Power Potential of the Congo River - Inga Falls

Following the energy cooperation agreement between the Democratic Republic of Congo and the Republic of South Africa on 7 March 2013, the $ 80 billion hydro power project- “Inga Power Project” which will start in October 2015 is set to harness the power potential of the Congo River, sub-Saharan Africa’s greatest waterway.

Read Article

 Amendments to the Immigration Act, No 13 of 2011

On 26 August 2011, the Immigration Amendment Act 13 of 2011 (the Act) was passed. The current Act provides for the issuance of approximately 14 different types of permits which cover all categories of persons residing in the Republic of South Africa on a temporary basis. Additionally, the current permit granting system does not allow for the implementation of the risk-based methodology procedure as prescribed in the Act.

Read Article

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

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.

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 Accession of the DRC to the New York Convention on Arbitration

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 10th, 1958 (the "Convention").

Read Article

 Gabon: The Council of Ministers Adopts a Draft Law Regulating the Mining Sector

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 by introducing a new institutional, fiscal and technical framework.

Read Article

 The DR Congo New Agricultural Law N° 11/022 of December 24, 2011 Is Currently Being Amended and Supplemented

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.

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 DR Congo Adopts a Legal Framework for the Implementation and Operation of Fiber Optic Telecommunication Networks

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.

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 Overview on Mining Law in Burkina Faso and Current Trends

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.

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 Non-transferability of Telecom Licenses Challenged Following the Accession of the DR Congo to OHADA

Since September 12, 2012, OHADA Law (the Organization for the Harmonization of Business Law in Africa) is directly applicable and binding, as domestic positive law, in the Democratic Republic of the Congo (“DRC”).

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 The Ownership of a Mine after Termination of Mining and Quarry Rights - Democratic Republic of Congo

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.

Read Article

 Adoption of a New Legislation for a Better Industrial Environment in the DRC

Before the social movements of plunder and anti-plunder of 1990s, wars and other civil revolts, the Republic Democratic of the Congo, (“DRC”) was among the most industrialized countries of Central Africa.

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 The Democratic Republic of the Congo Is Privatizing Its Insurance Sector

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.

Read Article

 Delay in Application of Uniform Act Organizing and Harmonizing Company Accounting Systems - Democratic Republic of the Congo (DRC)

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.

Read Article






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