ENSafrica’s dedicated Africa regulatory and business intelligence team specialises in providing advice on investment, operations and business regulations to large multinationals expanding into Africa.

No matter where on the continent you choose to do business, we can advise you on country risk profiles, tax and regulatory requirements, and the in-country application of legislative provisions.

Our key differentiator is our practical experience working on the ground. We also have an extensive network of reputable correspondent firms with whom we have built long-standing relationships.

Because we understand the legal, regulatory and economic context of doing business in Africa, against the background of increased growth and development across the continent, we are able to guide you through any challenges which your business may face.

We have the unique advantage, as part of Africa’s largest law firm, of being able to harness the expertise of more than 600 practitioners throughout the continent.

ENSafrica has a significant breadth and depth of experience and specialist expertise that spans all commercial areas of law, tax, forensics and IP.

As such, we regularly partner with specialists across the firm, meaning that we are able to assist with all aspects of all matters across all sectors in all African jurisdictions, ensuring that your legal requirements are handled quickly and seamlessly.

the firm is frequently involved in the biggest deals in the market
— Chambers Global Guide 2018

what we offer

Our business intelligence team’s specialist expertise includes:

country risk profiles and reviews

  • analysis of the economic, political, operational, security, tax and legal risks of a particular country to facilitate decision making on appropriate jurisdictions for investment and/or operations
  • preparing country risk reports with comparative country risk ratings

tax and regulatory frameworks

  • preparing customised tax and regulatory frameworks per country, providing an overview of material tax and regulatory requirements, as well as the costs of doing business, including:
    • an overview of the local tax system, including corporate income tax, value-added tax, withholding taxes and special tax regimes
    • banking and exchange control regulations
    • basic conditions of employment, work permits and employee taxes
    • foreign investment regulations
    • general and industry-specific licensing and registration requirements
    • requirements for registering an appropriate local legal entity
  • the frameworks include regulatory interpretation and practical application of in-country legislation, with input from local advisors
  • tax and regulatory compliance checklists, with deadlines and other submission requirements

investment and transaction structuring

  • advice on appropriate legal structures per country to ensure tax efficiency, both locally and internationally
  • workshops with senior legal and finance staff to discuss benefits and implications of various alternatives

implementation and facilitation

  • advice on, and assistance with, establishing local entities (branches of foreign companies and local incorporated subsidiaries)
  • legal assistance in preparing and executing contracts in and across jurisdictions
  • tax registration and acquiring relevant licences

other

  • competition law, including compilation of merger notifications and objections to mergers on behalf of interested parties
  • dispute resolution, including dispute avoidance, settlement negotiations, risk management, domestic and international arbitration, alternative dispute resolution processes, litigation, regulatory and statutory tribunals, industry-specific ombuds, regulatory administrative appeals and reviews, and submissions on draft legislation and regulations
  • employment law and immigration law, including labour issues such as work permit quotas
  • forensics services, including anti-bribery risk assessments, registers and compliance investigations, fraud and corruption investigations, anti-corruption training, and preparation and implementation of anti-bribery policies and procedures
  • mergers and acquisitions due diligence exercises
  • registration of intellectual property
  • tax-efficient remuneration structuring
  • vendor and employee screening
the firm enjoys a strong reputation across the African continent
— The Legal 500 EMEA Guide 2018
a pan-African powerhouse with a strong team of experienced and respected lawyers
— Chambers Global Guide 2018
ENSafrica understands how our business operates and adds value in the implementation of our transactions
— Chambers Global Guide 2018

experiENS

Construction and infrastructure
Construction and infrastructure development projects in 26 African countries by a multinational construction company, which required advice regarding country risk profiles, tax efficient structuring and regulatory compliance requirements.
Disposal
Disposal by a multinational bank of its subsidiaries in Botswana, Ghana, Kenya, Mauritius, Mozambique, Namibia, Nigeria, Seychelles, Tanzania, Uganda and Zambia, which required advice regarding tax implications and efficient structuring.
Acquisition
Acquisition by a multinational microfinance group of a company in Ghana, Kenya, Nigeria, Rwanda, Sierra Leone, Tanzania, Uganda and Zambia, which required advice regarding tax efficient structuring and regulatory requirements.
Appointment
Appointment of distributors in Angola, Botswana, Cameroon, Democratic Republic of Congo, Ghana, Ivory Coast, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Tanzania, Uganda, Zambia and Zimbabwe by a manufacturing company, which required regulatory advice.
Creation and funding
Creation and funding of operations in Congo-Brazzaville, Kenya, Mozambique, Nigeria, Tanzania, Zambia and Zimbabwe by a multinational agribusiness group.
Incorporation and licensing
Incorporation and licensing of companies in Congo-Brazzaville, South Sudan and Zambia by a service provider in the mobile phone industry.
customised tax and regulatory frameworks
Preparation of customised tax and regulatory frameworks for doing business in African jurisdictions such as Botswana, Kenya, Lesotho, Mozambique, Namibia, Swaziland, Tanzania and Zambia, for a number of clients, including a multinational employment agency and a multinational clothing retail group.
ongoing legal, tax and regulatory advice
Provision of ongoing legal, tax and regulatory advice to a multinational petrochemicals group across Africa, including Burkina Faso, the Democratic Republic of Congo, Eritrea, Ghana, Guinea, Ivory Coast, Lesotho, Mali, Mauritania, Sierra Leone, Rwanda, Uganda and Zambia.
tax advice
Co-ordination and reviewing of all tax advice pertaining to the African operations of a multinational financial services company, including in Botswana, Kenya and Nigeria.
tax and regulatory advice
Provision of tax and regulatory advice to a multinational insurance group which operates in Angola, Benin, Botswana, Burundi, the Democratic Republic of Congo, Ghana, Kenya, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Rwanda, Swaziland, Tanzania, Uganda and Zambia.
ENSafrica has a giant and versatile team
— The Legal 500 EMEA Guide 2018

contact

Celia Becker

executive
cbecker@ENSafrica.com

expertise

expertise

African regulatory and business intelligence
agribusiness
Asia
aviation
banking and finance
Broad-based black economic empowerment (B-BBEE)
competition/antitrust
corporate commercial
dispute resolution
employment
environment
fiduciary
fintech
forensics
immigration
India
insolvency, business rescue and debt recovery
insurance
intellectual property (IP)
intelligENS
mine and occupational health and safety
mining
private clients
private equity
pro bono and corporate social investment
project development and project finance
real estate / property
shipping, ports and logistics
tax
technology, media and telecommunications