Considering the impact of the COVID-19 pandemic, we have prepared a set of responses to the questions that most concern entrepreneurs with business or interests in Mozambique.
As the country develops, Mozambican legislation has been constantly changing across all sectors, especially with regards to oil and gas, banking, finance and guarantees aimed at giving new business leaders and companies the confidence and knowledge to invest in these sectors.
Our firm has been providing assistance to many international and national companies, investors and sponsors, giving a clear vision of the current legal framework and providing updates on the various legislative changes.
We have also participated in the drafting and negotiation of projects that involve different jurisdictions in order to assure that the agreements comply with Mozambican law, without deviating from commercial international practices.
Our finance and projects lawyers in Mozambique advise on all aspects of financing, across borders, sectors and financial products.
We share knowledge and skills in deals involving: lending and borrowing, debt securities, as well as energy, infrastructure, transport matters and other projects.
We tap into DLA Piper's resources, which constitute one of the largest teams of dedicated finance and projects lawyers in the world. This enables us to help our clients to realize and develop their financial strategies and projects in whichever markets they do business.
Our finance and projects lawyers represent clients in large-scale projects, particularly in the power sector and in extractive industries, representing sponsors, developers or lenders. In particular, the finance and projects team has represented clients in the full scope of transactions, from bidding to licensing to farm-outs and other dispositions. The team has also proactively contributed to the shaping of the legal framework by making submissions to parliament and government, in its role as the secretariat and counsel for the Mozambique Association of International Petroleum Operators (AMOPI), and the Chamber of Mines of Mozambique, with the view of building a business environment that is stable and conducive to investment.
Our capabilities include:
- Assisting clients negotiating concession contracts, licensing and obtaining permits, drafting and execution of contracts across the entire value chain in investment projects in the mining, oil and gas, forestry and energy sectors.
- Legal due diligence on holders of concessions, licenses or assets in Mozambique, either for the purpose of monitoring and assessing the fulfillment of their statutory obligations or in connection with merger and acquisition transactions, transfers of participating interests or assets and financing.
- Issuing legal opinions on issues emerging out of concession contracts, licenses and permits, relationship with stakeholders and others.
- Advising on the application processes emerging out of environmental legislation in the monitoring and evaluation of compliance with their environmental statutory obligations.
- Representation of concessionaires and operators in legal reform public consultation processes by making submissions on behalf of the industry on various bills and draft regulations — always for the benefit of the industry and with a view towards making Mozambique a more competitive destination for investment.
Experience has included advising:
- Sponsors of a project finance deal in the oil and gas sector valued at more than USD16 billion.
- A major financial institution on the divestment from a real estate project.
- An international development financial institution on major project finance as the lenders counsel.
- As the local counsel to the lenders, project finance for a 175 MW gas-fired power plant in Mozambique.
- A leading client in the energy sector on the initial public offering of shares of a project valued at more than USD100 million.
- A global top-three independent oil company, to bid, negotiate and execute three EPCCs in Mozambique out of the 5th licensing round.
- A global top-three independent oil company, in a USD3 billion farm-in transaction in top-five certified natural gas reserves.
- A client, acting as a local project counsel for an LNG project in Mozambique.
- A client, involved as a sponsor’s counsel in the first 120 MW wind farm project in Mozambique.
- An Australian mining company, in negotiating and executing a mining agreement to help it become a leading global producer of high-purity graphite.
- An independent Canadian company, to negotiate, acquire and implement finance for a 30 MW solar power plant in Beluluane Industrial Park in Maputo province.
- Advice and assistance in relation to a concession to build, operate and transfer a 40 MW gas-fired generating plant.
- A lead investor in the proposed CESUL project, to build two new transmission lines that will transmit up to 3,000 MW of power from the Mpanda Nkuwa hydroelectric power plant in Tete to Maputo.
- An independent oil company, to negotiate and obtain a legal and contractual regime for the development of 125 trillion cubic feet (Tfc) of natural gas in Mozambique.
- Ranked in Financial and Corporate with “particular expertise in M&A, project finance and development” (IFLR1000 2019)
- Ranked in Project Development (IFLR1000 2019)
Dear Reader, In this number you can read "Data protection in the Financial Sector", "Advertising and Consumer Rights in Mozambique" and "Limitations on Local Payments in Foreign currency".