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Legal Policy & Frameworks Surrounding the Energy & Extractive Industries in Africa with

a Focus on East Africa

East Africa is in the midst of an energy boom, with many countries emerging as potential leaders in the energy and extractive sectors. The 2015 Africa Forum will bring together leading experts and interested legal professionals to cultivate their professional understanding of the prevailing legal framework and industry international best practices. Attendees will also have a unique opportunity to foster key strategic professional alliances to ensure effective future collaboration to tackle the most pressing industry demands inundating the East African legal market. Interactive panels will cover topics including:

Legal and regulatory frameworks Policy approaches to the energy and extractive sectors

Social and environmental considerations Taxation schemes

Procurement in energy and extractive contracting Security & Human Rights Issues and Disputes

2015 AFRICA FORUM2015 AFRICA FORUM June 4June 4--5, 2015 | Sarova Panafric 5, 2015 | Sarova Panafric -- Nairobi, KenyaNairobi, Kenya

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Panel Sponsor

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Cooperating Entities

Continuing Legal Education / Continuing Professional Development The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, MN, MS, MO, MT, NM, NV, NY, NC, ND, OH, OK, OR, PA, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs. This course is expected to qualify for 12.8 CLE credit hours in 60-minute states, and 15.4 credit hours in 50-minute states. This transitional program is approved for both newly admitted and experienced attorneys in NY. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. For more information about CLE accreditation in your state, visit http://www.americanbar.org/cle/mandatory_cle.html.

For delegates from other countries where CPD/CLE is mandatory, the ABA will be pleased to provide a Uniform Certificate of Attendance which, subject to the exact CPD/CLE requirements of your bar association/law society, may be used to obtain the equivalent accreditation in your jurisdiction.

Program Planning Committee

SECTION CHAIR 2014-15

Marcelo Bombau • M. & M. Bomchil Abogados • Buenos Aires, Argentina

STEERING COMMITTEE

Adejoké Babington-Ashaye • World Bank Administrative Tribunal • Washington, DC, USA Kimberly Brown • Legal Consultant • Nairobi, Kenya

Robert Brown • Bingham Greenebaum Doll LLP • Louisville, KY, USA Uche Ewelukwa • University of Arkansas School of Law • Fayetteville, AR, USA

Yvonne Fiadjoe • Ghana National Gas Company • Accra, Ghana Birgit Kurtz • Gibbons P.C. • New York, NY, USA

Nancy Stafford • Newport, RI, USA

PLANNING COMMITTEE

David Allison • Family Law in Partnership Ltd • London, United Kingdom Golriz Amid • Morgan Stanley • New York, NY, USA

Wassem M. Amin • Dhar Law LLP • Boston, MA, USA Gretchen Bellamy • Walmart • Bentonville, AR, USA

Sara Blackwell • ICAR • Washington, DC, USA Anne Bodley • HSBC Bank • New York, NY, USA

Francisca Brodrick • Bonf International Enterprises • New York, NY, USA John Coogan • International Finance Corporation • Washington, DC, USA

Taylor Croley • American Bar Association • Washington, DC, USA Stephane de Navacelle • Navacelle Avocats • Paris, France

Don DeAmicis • Netherlands Institute for Advanced Study • The Hague Adam Dubin • Universidad Pontificia Comillas • Madrid, Spain

Lidia Ferranti • Alexandre Leite Ribeiro do Valle • São Paulo, Brazil Thomas Happell • American Bar Association • Washington, DC, USA

Tyler Holmes • Kansas City, Mo, USA Sylviane Kouemo • Berry Appleman & Leiden LLP • Houston, TX, USA

Maria Koulouris • ABA of Law Initiative • Washington, DC, USA Edward Luke • Luke & Associates • Gaborone, Botswana

Gustava Maia de Almeida • Alexandre Leite Ribeiro do Valle • São Paulo, Brazil Fernanda Maretto de Baros • World Bank Group • Washington, DC, USA

Michelle Mattingly • American Bar Association • Washington, DC, USA Jose Carlos Meirelles • Pinheiro Neto Advogados • São Paulo, Brazil Alexandra A. Kerr Meise • Foaley Hoag LLP • Washington, DC, USA

Dixon Miller • Porter Wright Morris & Arthur LLP • Columbus, OH, USA Lelia Mooney • Partners for Democratic Change • Washington, DC, USA

Eva Nudd • Sandra P. Nichols P.C • New York, NY, USA Mipe Okinseinde • Covington & Burling LLP • Washington, DC, USA

Olufunmi Oluyede • TRLPLAW • Lagos, Nigeria Georgina Owino-Trice • Allen & Overy • Washington, DC, USA

Justin Persaud • Persaud & Sandher, LLC • Basking Ridge, NJ, USA Carlos Ramos-Mrosovsky • Freshfields Bruckhaus Deringer • New York

Vasco de Jesus Rodrigues • VJR International Consulting • São Paulo, Brazil Guly Sabahi • Dentons • Washington, DC, USA

Lisa Sachs • Columbia University • New York, NY, USA Terry Selzer • Husen Advokater • Copenhagen, Denmark

Prabhat Shroff • Shroff & Company Advocates • Calcutta, DC, India Jessica Smith • American Bar Association • Washington, DC, USA

Jonathan Gunu Taidi • Century Chambers • Minna, Nigeria Dorothy Tarver • Taggart Morton LLC • New Orleans, LA, USA

Belle Toren • Office of Bellanne Meltzer Toren • Canmore, AB, Canada Elizabeth Turchi • Special Tribunal for Lebanon • The Hague, Netherlands

Alexandre Valle • Alexandre Leite Ribeiro do Valle • São Paulo, Brazil Ernesto Velarde-Denache • Ernesto Velarde-Denach Inc. • Mexico

Melba Kapesa Wasunna • Strathmore University School of Law • Nairobi, Kenya Markus Zwicky • Zwicky Windlin & Partner • Zug, Switzerland

PROGRAM AGENDA

Thursday, June 4, 2015

7:00 AM – 9:00 AM Registration | Duma-Chui Foyer

Breakfast | Baraza Room

8:00 AM – 8:50 AM | Duma-Chui Room Morning Roundtable Session

Family Law Issues for ExPats in Africa International Family Law and Africa: Much More Our Business than you Think

With its bustling business hubs, African countries have seen many non-African business people or staff relocating to African countries. Topical issues have risen in this respect such as challenges for immigration, marital property, divorce or inheritance. How can family and estate planning structures be enforced in African countries or, if the laws of an African country applies, how can they be enforced overseas? What legal rights are available if a spouse leaves the country with the children, not allowing the other spouse to see them? We will discuss these and many more fascinating topics in the morning round-table.

Panel Chairs: Dr. Markus Zwicky, Zwicky Windlin & Partner, Zug, Switzerland

David Allison, Family Law in Partnership Ltd, London, United Kingdom

Moderator: Agnès Proton, Cabinet d’Avocats Agnès Proton, Cannes, France

Speakers: Rose Mbanya, Rose Mbanya & Co. Advocates, Nairobi, Kenya (Invited)

8:50 AM – 9:00 AM | Duma-Chui Room Welcome Remarks

Welcome Remarks by Marcelo Bombau, Chair, American Bar Association Section of International Law 9:00 AM – 10:30 AM | Duma-Chui Room

The Extractive and Energy Sectors in East Africa: An Overview of Specific Legal and Regulatory Frameworks

With the recent discoveries of major hydrocarbon deposits in East Africa, the region is poised to be a significant player in the global oil and gas market. In fact, it is expected that in the very near future, East Africa will emerge as the new global supplier of oil and gas resources. Similarly, mineral extraction, to countries like China, Brazil and India, is expected to increase in 2015 as the global economy improves. Recognizing that a stable and sustainable extractive industry necessitates democratic institutions, processes, policies, and procedures, African Governments have embarked upon the development of a number of legal and regulatory interventions, which seek to provide the foundation for the development of the nascent extractive and energy sectors. Increasingly, there is opportunity to design regulatory and legal frameworks that meaningfully address the needs of all stakeholders involved in the mineral and petroleum sectors—from the local communities and workers to multinational corporations and foreign governments. This panel will provide an overview of the international and regional legal regime governing the extractive and energy sectors while providing details on best practices as well as highlights of ongoing developments on the African continent.

Panel Chair & Moderator: Yvonne Fiadjoe, Ghana National Gas Company, Accra, Ghana

Speakers: Souley Amadou, African Development Bank, Abidjan, Côte D'Ivoire

Dr. Medard Kalemani, Tanzania Ministry of Energy and Minerals, Tanzania Stephen Karangizi, African Legal Support Facility, Abidjan, Côte D'Ivoire

Lizel Oberolzer, Norton Rose Fulbright, Cape Town, Africa

10:30 AM – 11:00 AM | Foyer Networking Coffee Break

11:00 AM – 12:30 PM | Duma-Chui RoomKey Approaches to Negotiations

This panel will give participants an understanding of and insights on how to negotiate contracts with African host governments within the challenging, complex and constantly evolving extractive and energy sectors. The focus of the panel will highlight a broad range of issues and current trends faced by negotiators (international companies to host government representatives) from the drill bit to the burner-tip, from the wellhead to power generation, as well as key approaches to negotiating with external parties/companies. Negotiation skills and techniques, with specific reference to case studies, will be illustrated in order to prepare participants for the effective negotiation of contracts in the energy and extractive sectors in Africa.

Panel Chair: Belle Toren, Office of Bellanne Meltzer Toren, Canmore, AB, Canada

Moderator: Elvis A. Angyiembe, Weatherford International, Ltd., Johannesburg, South Africa

Speakers: NJ Ayuk, Centurion LLP, Malabo, Equatorial Guinea

Rainbow Field, Coulson Harney Advocates, Nairobi, Kenya Sumayya Hassan-Athmani, National Oil Company of Kenya, Nairobi, Kenya

Gurjeet Phull, Anadarko Petroleum Kenya Company, Nairobi, Kenya

12:30 PM – 2:00 PM | Pool Garden Restaurant Luncheon

2:00 PM – 3:30 PM | Duma-Chui Room Anti-Corruption Reforms and Enforcement in Africa, There is Nowhere to Hide: Accountability is Knocking at Your Door

Fraud and corruption remain an impediment to growth in Africa as they do elsewhere. Recent enforcement action by US regulators, in the energy and extractive industries and beyond, along with a new sense of empowerment by enforcement bodies of development banks, shed a new light on the need for companies worldwide to address the issue of corruption. Carbon-copy investigations, social media alerts and competitors can path the way to long and painful investigations, severe hits in reputation, huge fines and – a killer for some – disbarment. Employees long thought that it was not their problem, agents thought they were too small to get in trouble, as it turns out, it is no longer true. The panel will address international, regional and domestic anti-corruption efforts, exploring what companies need to do to get the carrot and avoid the stick.

Panel Chair & Speaker: Stéphane de Navacelle, Navacelle Avocats, Paris, France

Speakers: John Coogan, International Finance Corporation, Washington, DC, USA (Invited)

Graham Dawes, Deloitte, Nairobi, Kenya Samuel Kimeu, Transparency International Kenya, Nairobi, Kenya

3:30 PM – 4:00 PM | Conference Foyer Networking Coffee Break

4:00 – 5:30 PM | Duma-Chui Room Responsible Operations in the Oil & Gas Sector: Integrating the Concerns of and Sharing Value with Communities

In the context of onshore energy projects, as with mining projects, governments are increasingly paying attention to the human rights impacts of investments, as well as requiring companies to deliver social and economic benefits to local communities. This essentially constitutes an effort by government to meet human rights obligations by avoiding negative impacts, and to strive for avenues through which communities concerns can be addressed. Governments requirements in respect of ensuring social and economic benefits accrue to local communities, on the other hand, go beyond efforts to avoid harm. These requirements, which are included in the regulatory framework, vary, from a loosely expressed obligation to provide benefits to local communities, to mandatory community development plans, to community development funds and community development agreements. Meanwhile, companies are also realizing the importance of providing these benefits, and, in some cases, companies make voluntarily arrangements with local communities. This panel will examine key issues related to these community-investor arrangements, to learn from experience with their increasing use in order to provide guidance to stakeholders seeking to implement such arrangements.

Panel Chair: Kimberly Brown, Legal Consultant, Nairobi, Kenya

Panel Chair & Moderator: Melba Kapesa Wasunna, Extractive Industries Centre, Strathmore University Extractives Industry Centre, Nairobi, Kenya

Speakers: Charles Wanguhu, Kenya Civil Society Platform on Oil & Gas, Nairobi, Kenya

6:00 PM – 8:00 PM | Pool Garden Reception

Friday, June 5, 2015

8:00 AM – 9:00 AM | Baraza Room Breakfast & Registration

8:00 AM – 9:00 AM | Umati Room Women’s Networking Breakfast

9:00 AM – 10:30 AM | Jambo 1 Room Mining Africa: Best Practices for a New Vision

In October 2014, the World Bank Global Forum launched the African Mining Legislation Atlas Project with the goal of providing comparative data on mining laws, best practices and guidelines for proper governance of the mining sector in Africa. In line with the African Mining Vision adopted in 2009 by the African Union, these new initiatives have set the path for integrating mining into development policies at local, national and regional levels. The panel of experts will address the progress and best practices, and will especially touch upon small scale mining throughout the region.

Panel Chair: Adejoké Babington-Ashaye, World Bank Tribunal, Washington, DC, USA

Moderator: Nancy Stafford, Newport, RI, USA

Speakers: Farai Mutamangira, Mutamangira & Associates, Harare, Zimbabwe (Invited) Nneoma Nwogu, The World Bank Group and Team Leader of the Africa Mining Legislation Atlas (AMLA) Project, Washington, DC Sonal Sejpal, Anjarwalla & Khanna, Nairobi, Kenya

9:00 AM – 10:30 AM | Duma Room Emerging Issues in Extractive Sector: International and Domestic Liability

In recent years extractive sector companies operating in East Africa and beyond have found themselves subject to legal and media scrutiny for alleged violations of corporate social responsibility and human rights standards, including law suits alleging billions of dollars in damages. This panel will discuss potential legal liabilities and associated risks arising from Oil & Gas/Extractive activities in the region and beyond. Panelists will discuss legal liability standards (including the fall of the Alien Tort Statute and the rise of alternative avenues to liability through other domestic jurisdictions), responsible resourcing and supply chain practices, the rising application of international human rights standards in international investment disputes, and issues related to implementing applicable CSR guidelines. Whether you work directly on extractive projects, serve as a government advisor, or are involved in extractive-sector conflict avoidance or resolution in the private or public sector, this panel will provide valuable guidance on preventing and resolving legal disputes resulting directly or indirectly from extractive-sector activities.

Panel Chair: Alexandra A. Kerr Meise, Foley Hoag LLP, Washington, DC, USA

Moderator: Kelly Newsome, Cadwalader, Wickersham & Taft LLP, New York, NY, USA

Speakers: Ndanga Kamau, Oxfam Kenya, Nairobi, Kenya Joseph Kibugu, Business & Human Rights Resource Center, London, United Kingdom

Job Ogonda, Institute for Human Rights & Business, London, United Kingdom (Invited) Hery Ranjeva, Foley Hoag LLP, Paris, France

10:30 AM – 11:00 AM | Conference Foyer Networking Coffee Break

11:00 AM – 12:30 PM | Jambo 1 Room Foreign Investment and Taxation Schemes for the Energy and Extractive Sector

Proudly sponsored by:

East Africa’s further economic development relies in significant part on its continued ability to attract foreign investment into its extractive sector while ensuring that its developing economies derive meaningful benefits from that investment. This panel will therefore explore East African practice with respect to the taxation of foreign investment in the extractive sector, including the assessment of royalties, income taxes and taxes on “windfall” profits. The panel will also consider the kinds of tax issues that can arise between foreign investors and host states, as well as how FDI frameworks including public-private partnerships and investment treaties impact the environment for foreign direct investment in East Africa’s extractive sector. The panel should be of value to all attendees interested in foreign direct investment in East Africa’s extractive sector as well as in the resolution of related disputes.

Panel Chair & Speaker: Carlos Ramos-Mrosovsky, Freshfields Bruckhaus Deringer US LLP, New York, NY, USA

Speakers: Fasil Amdetsion, former Senior Policy Advisor & International Legal Advisor, Ministry of Foreign Affairs of Ethiopia, Ababa, Ethiopia Ian Gary, Oxfam America, Washington, DC, USA Amar Mehta, Coulson Harney Advocates, Nairobi, Kenya

11:00 AM – 12:30 PM | Duma Room Security & Human Rights Issues and Disputes and the Oil and Gas Sector

Recent regional directives and international initiatives have inspired a movement to more directly incorporate international environmental and human rights standards into domestic investment law and extractive-sector (including oil and gas) contracts. However, are the legal and regulatory frameworks of the host nations adequately prepared to address the concerns of the communities, including environmental impacts, women’s rights, and the use of foreign security agents? This panel will address trends in applying international standards to the oil and gas/extractive sectors (including the application and implementation of the Guiding Principles on Business and Human rights, the Equator Principles, the UN Declaration on the Rights of Indigenous Peoples, and the Voluntary Principles on Security and Human Rights), examine available mechanisms for enforcement of such standards and principles, and analyze what recent investment and commercial arbitration cases can tell us about the implications of such inclusion for resolution of extraction-sector disputes. This panel will also include a component re: gender vis-à-vis newly launched gender guide for natural resource management by UN Women and Publish What You Pay.

Panel Chair: Edward Luke, Luke & Associates, Gaborone, Botswana

12:30 PM – 1:30 PM | Pool Garden Restaurant Closing Luncheon

2:00 PM – 5:00 PM

Off-Site Visit to the Supreme Court of Kenya

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Meeting Code IC0615B (For internal use only)

2015 Africa Forum June 4-5, 2015 – Nairobi, Kenya

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