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African regulatory and business intelligence

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the firm enjoys a strong reputation across the African continent.
Legal 500 2018

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.

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

experience

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.
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.
Creation and funding
of operations in Congo-Brazzaville, Kenya, Mozambique, Nigeria, Tanzania, Zambia and Zimbabwe by a multinational agribusiness group.
Customised tax and regulatory frameworks
for doing business in African jurisdictions such as Angola, Botswana, Burkina Faso, Democratic Republic of Congo, Eritrea, eSwatini (Swaziland), Kenya, Lesotho, Mali, Mozambique, Namibia, Rwanda, Sierra Leone, Somalia, South Sudan, Tanzania, Zambia and Zimbabwe, for a number of clients, including a multinational employment agency and a multinational clothing retail group.
Tax advice
pertaining to the African operations of a multinational financial services company, including in Botswana, Kenya and Nigeria.
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.
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.
Incorporation and licensing
of companies in Congo-Brazzaville, South Sudan and Zambia by a service provider in the mobile phone industry.
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 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.