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Banking & Finance / Project Finance / Islamic Finance

Establishing the right financing mechanisms is crucial to the success of any investment project. With significant commercial experience of the common banking legislation, our team provides advice on finance transactions across the OHADA states, including cross-border investments. .

Company / Corporate / Mergers & Acquisitions

Our strong record on Corporate is praised by lot of international and domestic companies and international law firms as well when they seek advice on formation and incorporation of branches or subsidiaries or when they face problems in relation to corporate governance. .

Technology, Media & Telecommunications

In addition to handling the establishment of telecom structures in Senegal, we regularly provide legal services to many domestic and foreign corporations operating in the Technology, Media [ampersand] Telecommunications sector. .

Real Estate, Property & Construction

The highest rate of construction in the sub-region is taking place along the Petit Côte of Senegal. Our branch based in Mbour has responded to the increasing number of hotels and real estate projects in the area by developing a strong real estate, property and construction practice. .

Mining

The mining sector is a major area of practice for us, given the strategic importance of natural resources in the African economy. We advise a range of mining operators in relation to exploration licences, regulatory compliance, government relations, risk mitigation and environmental approvals. .

Transport / Maritime & Aviation

The firm’s expertise in transport matters includes aviation and shipping, under the leadership of our Partner. .

Employment & Labour

Labour laws are unique to each jurisdiction, so foreign law firms who are advising international clients refer to us on matters of employment law within the region. We advise employers and employees on all aspects of the employment relationship, including contracts, wages, dismissals, cross-border employment, pensions and social security. .

Tax

Taxation issues affect all of our clients doing business in the region. We provide advice both on regulatory compliance to assist companies to maximize their tax position and also offer representation on contentious matters or disputes with the tax authorities. .

Human Rights

The firm advocates strongly on human rights issues by representing victims of human rights violations before the Senegalese and international courts. We also advise civil society clients on economic and social rights, such as communities'rights requiring protection in relation to the extractive industries. .

Public & Administrative Law

The efficiency of our services in public and administrative law is well appreciated and consists mainly in advising the Council Bodies, the embassies, the international governmental or non governmental organisations in relation with the legal aspects of their mandates. .

Non For Profit Organizations

We act as legal advisers of many charities and non- for profit organizations. Our commitment to offer them efficient and prompt services tailored to their needs explains why our firm is more and more appointed by charities .

Governance & Legal Reform

We recognize the importance of good governance, both in the administration of the country and also in internal corporate management. We assist clients to establish the right governance systems for their business in accordance with the legal requirements. .

SENEGAL PASSES NEW MINING CODE

Parliament of Senegal passed a new Mining Code, No. 27/2016 on the Mining Code yesterday (30 October 2016).  
The new Mining Code (new Code) will apply to new applications with the provisions of the 2003 Mining Code (current Code) continuing to apply to existing permits. Key changes from the current Code to the new Code include:
1.    Length of mining permits
Under the new Code, a small mine permit will be issued for an initial term of 5 years (previously 3 years under the current Code).  The term may be renewed for 3 years at a time without any limit on the number of renewals.
A mining permit will be issued for an initial term of between 5 and 20 years (depending on the mineral reserves identified and the investment required); this is less than the maximum 25 years for an initial permit under the current Code.  Mining permits will be renewable as many times as necessary until the resource is exhausted.

2. Changes to fees, royalties, taxes and tax relief
Under the new Code:
• Fees such as entry fees and quarry permits will increase.
• An annual surface royalty has been introduces, payable by all mining title holders.
• In 2012, most taxes relating to the mining sector were moved from the current Code to the General Tax Code.    This continues under the new Code, except for the specific “mining tax”.  Under the new Code, mining activities will be subject to a quarterly tax levied on the market value of the commercialized product.  Rates for some common substances include iron ore (concentrate 5%, locally processed 2%); phosphate (calcium-aluminate and lime phosphate 5%, phosphoric acid 1.5%) and gold 1.5%.
• Mining title holder will continue to be exempt from all taxes and fees, including value-added tax (VAT) and the COSEC port charge during the period commencing on the date of entry into force of the mining permit (or small mine permit) and ending on the first date of commercial production (Investment Period).  However, the exemption will not apply to the statistical royalty, community solidarity royalty and other community taxes (rates for these taxes are not defined in the new Code).

3. The introduction of production sharing agreements
The new Code permits the state of Senegal and a mining company to enter into a production sharing agreement.  This gives the mining company the exclusive right to research and mine a particular area and recover the cost of doing so from sale of the mined substance.  The profits from the sale of the product are split between the State and the mining company in an amount specified in each individual agreement.  Where a production sharing agreement exists, the mined substance will not be subject to the quarterly mining tax outlined above.

4.The creation of local development funds
The new Code introduces an obligation for mining title holders to contribute annually to a local development fund
• Entry fees for the grant of small mine permits and mining permits, as well as fees for research permits, semi-mechanised authorisations and quarry permits will increase under the new Code.
• The new Code introduces an annual surface royalty payable by all title holders, including holders of research permits and quarry permits.   These will be 50,000 CFA per hectare for a small mine permit and 250,000 CFA per square kilometer for a mining permit.
• Most taxes relating to the mining sector were previously moved from the 2003 Mining Code to the General Tax Code in 2012.  However, the specific “mining tax” that is included in the current Code will continue in modified form under the new Code.  The mining tax under the new Code is structured so that the all authorised mining activities will be subject to a “quarterly mining tax” levied on the market value of the commercialized product.  The tax rate will vary depending on which substance is being mined.   Rates for some common substances include iron ore (concentrate 5%, locally processed 2%); phosphate (calcium-aluminate and lime phosphate 5%, phosphoric acid 1.5%) and gold 1.5%.

5.Production sharing agreements
The new Code permits the state of Senegal and a mining company to enter into a production sharing agreement.  Such an agreement gives the mining company the exclusive right to research and mine a particular area and recover the cost of doing so from sale of the mined substance.  The profits from the sale of the product are split between the State and the mining company in an amount specified in each individual agreement.  Where a production sharing agreement exists, the mined substance will not be subject to the quarterly mining tax outlined above.

6. Enhanced social and environmental obligations
The new Code introduces an obligation for mining title holders to contribute annually to a local development fund in the amount of 0.5% of sales, minus "annual fees" (unspecified).  The local development funds are to promote the economic and social development of local communities residing around mining areas, and must include women's empowerment projects.
Under the new Code, small mine permit holders will be required to provide a guarantee as security for the cost of rehabilitating their mine site.  Small mine permit holders under the current Code are not required to do this.  Obligations for mining permit holders remain the same (to deposit funds in a trust account with a Senegalese bank that will be used to rehabilitate the mine site).
Under the new Code, all mining title holders are required to:
• respect, protect and implement human rights in areas affected by mining operations;
• respect the provisions of the Forestry Code where the mining title has been granted over a "classified forest zone"; and
• respect the principles and obligations under the Extractive Industries Transparency Initiative (EITI), such as declaring all payments made to the State to the EITI authorities.
The passing of the new law follows a three year consultation and legislative drafting process and introduces many initiatives that have been used within the region.
The bill will now be presented to the President for promulgation and after that time, it will be published in the national gazette.  

Geni-Kebe partner honoured by amnesty international for human rights work

KEBE knows that, as lawyers, they have a unique opportunity to ensure human rights are observed in the project work of their clients.  By advising clients on how their commercial projects will impact on the communities in which they work, clients then have the ability to be proactive in safeguarding the fundamental and alienable rights of people involved in all parts of a project cycle.

GENI & KEBE Partner Bacre Waly Ndiaye has spent a lifetime dedicated to promoting human rights and currently leads GENI & KEBE’s Business and Human Rights team.  As well as private practice at the Senegalese Bar, he has held senior roles with the United Nations Commissioner for Human Rights, including being the UN Special Rapporteur on extrajudicial, arbitrary or summary executions.
He also worked for the UN High Commissioner for Human Rights as Director of the New York office, was Director of the Human Rights Council division (including special procedures and the universal periodic review) and also led the Research and Right to Development division.
Mr Ndiaye’s contribution was recently recognised by Amnesty International.  Amnesty International is human rights NGO that advocates for human rights worldwide.  Mr Ndiaye was the co-founder of the Senegalese chapter of Amnesty International as well as serving as Vice-President of Amnesty International’s Executive Committee.   Mr Ndiaye was recently awarded a Diploma of Honour by Amnesty International for services rendered to the worldwide human rights movement.
The GENI & KEBE team is delighted to congratulate Mr Ndiaye on the recognition of his important contribution to human rights!

GENI & KEBE AND JICA WORKING TOGETHER FOR THE DEVELOPMENT OF WEST AFRICA

The Japanese International Cooperation Agency (JICA) is the development arm of the Japanese government. On 15 April 2016, Mr Yuji Moriya, Country Representative for JICA and Mr Mouhamed Kebe, Managing Director of GENI & KEBE signed an agreement for GENI & KEBE to provide ongoing legal support to JICA for its development work in Cap Verde, Gambia, Guinea, Guinea-Bissau, Mali, Mauritania and Senegal.

JICA's support helps to strengthen the base of economic development, promote primary industries such as agriculture and fisheries and improve social services.
Mouhamed Kebe, managing partner of GENI & KEBE explained, “At GENI & KEBE we have a saying:  ‘To us Africa is not a continent, it is our home’.  We very much appreciate the opportunity to be working with JICA on their important work that is assisting the development of our region, our home.”

GENI & KEBE ADVISES COMPAGNIE AGRICOLE DE SAINT LOUIS ON €31.4MILLION RICE PRODUCTION PROJECT

Recognising the potential of Senegal’s agricultural industry, the African Development Bank and the European Investment Bank have funded a €31. 4million project to the Compagnie Agricole de Saint-Louis for rice production in Senegal.
GENI & KEBE advised Compagnie Agricole de Saint Louis on the legal aspects of the project.  Dr Aboubacar Fall, Partner, and former Principal Legal Counsel for the African Development Bank, led the GENI KEBE team.

The project aims to promote food security in Senegal and to assist Senegal overcome its dependency on imported rice. 
“Senegal has great potential to develop its agricultural sector, with perfect conditions in the Senegalese River Valley for producing rice,” explained Dr Fall.  “GENI & KEBE was pleased to advise on this project, which will have positive economic and nutritional impact for people in Senegal and the region.”

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