You are on page 1of 7

2015 AFRICA FORUM

June 4-5, 2015 | Sarova Panafric - Nairobi, Kenya

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

Register now at shopaba.org/Nairobi2015

Sponsors
Panel Sponsor

Media Sponsors

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
Adejok 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 So 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 So 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 So 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 So 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 So 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:
Agns Proton, Cabinet dAvocats Agns 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 sectorsfrom 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, Cte D'Ivoire
Dr. Medard Kalemani, Tanzania Ministry of Energy and Minerals, Tanzania
Stephen Karangizi, African Legal Support Facility, Abidjan, Cte 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 Room
Key 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:
Stphane 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
Womens Networking Breakfast
9:00 AM 10:30 AM | Jambo 1 Room
Mining Africa: Best Practices for a New Vision

9:00 AM 10:30 AM | Duma Room


Emerging Issues in Extractive Sector: International and Domestic Liability

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.

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:
Adejok Babington-Ashaye, World Bank Tribunal, Washington, DC, USA
Moderator:
Nancy Stafford, Newport, RI, USA

Speakers:
Farai Mutamangira, Mutamangira & Associates, Harare, Zimbabwe (Invited)
Panel Chair:
Nneoma Nwogu, The World Bank Group and Team Leader of the Africa Mining Alexandra A. Kerr Meise, Foley Hoag LLP, Washington, DC, USA
Legislation Atlas (AMLA) Project, Washington, DC
Moderator:
Sonal Sejpal, Anjarwalla & Khanna, Nairobi, Kenya
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 Africas 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 Africas extractive sector. The
panel should be of value to all attendees interested in foreign direct investment in
East Africas 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, womens 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--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

JOIN US AT AN UPCOMING SECTION EVENT!

Greece: The Path From A Great Past To A Great Future


The Role of Economics,
Rule of Law and Best Practices
Onassis Cultural Centre
Athens, Greece
June 16-17, 2015
7th Annual Moscow Conference on the Resolution of
International Business Disputes
Moscow, Russia
September 18, 2015

2015 Fall Meeting


Fairmont The Queen Elizabeth
Montreal, QC, Canada
October 20-24, 2015
2015 Asia Forum Beijing
Hot Issues Representing Clients in Asia
China World Hotel
Beijing, China
November 16-17, 2015

For more information on the Section and our upcoming events visit americanbar.org/intlaw.

2015 Africa Forum

June 4-5, 2015 Nairobi, Kenya


Online registration is strongly encouraged. Pre-registration closes on Monday, May 25, 2015

I. Registrant Information
ABA ID # (if applicable): ________________________________

VI. Make Your Payment

Name: _____________________________________________________

Refunds will not be issued for cancellations received after May 25,
2015.

(TYPE or PRINT your name CLEARLY as you wish it to appear on badge.)

PAYING BY CREDIT CARD:

Firm/Organization: __________________________________________
Address: ___________________________________________________
City: _____________________________________________________
State/Province/Region: _______________________________________
Postal Code: ___________________Country: ____________________
Telephone: ______________________ Fax: ______________________
E-mail: ____________________________________________________

II. All-Inclusive Registration Rates


All-inclusive fees include admission to all CLE sessions & networking
breaks, luncheons, and reception.
Check one of the following:

Early Bird by May 8 After May 8

ABA /Cooperating Entity Member


Full-time Law Student
Full-time Gov. / Academic / NGO
Local Delegate (residing in East Africa)
Corporate Counsel
Young Lawyer (under 35 years)
Solo / Small Practice / Over 55 / Retired
Non-Member

III. Additional Tickets


Guest Ticket @ $100

$
$
$
$
$
$
$
$

450
25
250
250
350
365
375
550

$
$
$
$
$
$
$
$

540
30
300
300
425
435
450
655

Qty______

Includes both luncheons and reception.

IV. Refund Policy


When a completed registration form and payment have been submitted to the
Section office by mail, email or fax, the registration is considered to be a firm
commitment and you will be expected to pay the registration and any ticketed event
fees, unless a written cancellation is received as set forth above.
Cancellations must be made in writing and received by the Section office by May
25, 2015, for a full refund of fees, less a $100 administration fee. No refund of
registration will be granted after that date except in the case of medical emergency
or extenuating circumstances approved by the Section in its sole discretion.
Any refunds issued will be processed to the credit card on file for any individual who
made registration payment via credit card.

V. MCLE/CLE Credit Hours


MCLE/CLE credit has been requested. For delegates where MCLE/CLE is
mandatory, a Certificate of Attendance will be provided onsite.You will be
required to fill in your State License Number on the MCLE/CLE sign in sheet
at the 2015 Africa Forum. Please come to the meeting with your license
number(s) for those states for which you will be seeking MCLE/CLE credit.
Meeting Code IC0615B (For internal use only)

Please include the following information when making payment via credit card.

Credit Card Type:

Visa MasterCard

American Express

Total Payment: $(USD)_________________________________________


Card Number: ______________________________________________
Expiration Date: ____________________________________________
Data Protection Notice - Please sign below: By submitting this completed
2015 Africa Forum registration form, you are providing us with personal information.
By registering and signing this form below, you consent to our use of that information
to complete the registration process and to compile data that the Section may use for
Section membership and programming purposes only. Your payment information,
including credit card information is used only to process payment for your 2015 Africa
Forum registration fees and is not retained for any other purposes whatsoever.

Your signature: ____________________________________________


Date: ____________________________________________________
PAYING BY WIRE TRANSFER:
Please include the following information when making payment via wire
transfer:
Name of Section:
Meeting:
Bank Name:
Bank Address:
Bank Routing #:
Account Name:
Account Number:
SWIFT Code:

Section of International Law


2015 Africa Forum
JP Morgan Chase Bank
2218 Fifth Avenue, New York, NY 10037
021000021
American Bar Association
50-03997
CHASUS33

PAYING BY CHECK:
Please make check payments payable to the American Bar Association in USD.

VII. Let Us Know If You Require Assistance


Please indicate if you require specific aid or service during your attendance at the
2015 Africa Forum:

Audio Visual Mobile


VIII. Hotel Information
Please see our website for more information: http://shopaba.org/Nairobi2015
Please allow up to two (2) weeks for processing.
Mail to:
ABA Section of International Law, Attn: Registration
1050 Connecticut Avenue, NW
Suite 400
Washington, DC 20036
or email to intlawmeetings@americanbar.org
Confirmation of registration will not be available until payment is
received and processed.