Governance of Mineral and Energy Resources in Africa and Beyond

9.30 am - 11.00 am - How to negotiate extractive contracts successfully and avoid the pitfalls
Negotiating investment contracts in the mining and energy sector is often a difficult or even perilous exercise for the host government. In its capacity of guardian of natural and cultural resources (under the Public Trust Doctrine), the host government must ensure that the principles of governance are upheld, while taking into account investors’ often opposing interests.
This panel’s experts will examine this sub-topic on the basis of their diverse and varied experience of negotiations. The objective is here (i) to identify the contractual pitfalls and (ii) to propose solutions that are designed to avoid them.

Moderator:

• Aboubacar FALL, Partner at SCP AF LEGAL, President of the Société Sénégalaise pour le Droit International (SSDI)
   

Speakers:

• Ousmane CISSÉ, Geologist, Managing Director of the Société des Mines du Sénégal (SOMISEN)
• Alex KABINDA NGOY, President of the Tanganyika Bar Association, DR Congo
• Aïssatou SY, Head of Legal Counsel at Société des Pétroles du Sénégal (PETROSEN)
• Moustapha FALL, Doctor of Law, Legal Counsel to the President of Initiative  pour la Transparence des Industries Extractives (ITIE), Senegal

11.30 am - 1.00 pm - Local content policies: challenges and opportunities for the host country with respect to foreign investment
The 21st century has seen a significant development of the local content policies and laws adopted by countries that produce raw materials, in general, and extractive resources, in particular. This is the case of countries such as Brazil, Indonesia, Nigeria, Angola, Ghana and Senegal.
The desired objective is primarily to ensure a fair price for extractive (mineral and energy) products, the promotion of direct employment, the development of other sectors in addition to the extractive sector, and the strengthening of domestic enterprises’ capacities so that they can participate throughout the value chain, etc.
While it is true that local content policies offer tremendous opportunities for local populations and enterprises, they contain just as many challenges and risks, which, if they are not identified and mitigated, may ultimately turn out to be counterproductive with regard to their initial objectives.
This panel’s experts will each give the point of view of the various parties involved in the preparation and implementation of local content policies and legislation.

Moderator:

• Roseline MBAYE CARLOS, Managing Director of Mines du Sénégal
   

Speakers:

• Abdoul Aziz SY, Managing Director of Endeavour Mining, United Kingdom
• Djami DIALLO, Former attorney at the New York Bar Association, Director of Legal Affairs of the Presidency of the Republic of Guinea
• Moussa MBAYE GUEYE, Executive Director of ENDA LEAD Afrique Francophone, Senegal
• Bocar-Alpha BA, Country Manager at Invest in Africa, Mauritania