Mozambique has the goal of becoming an energy hub in southern Africa with the production of hydrogen. Cheap energy used to produce hydrogen would be a real motivator for the construction of the long-awaited Mphanda Nkuwa Dam on the Zambezi River, a project that exists since the colonial era.
Kaina Mussagy Arentsen is the Manager responsible for the Projects, Energy & Infrastructure Practice Group. She has extensive experience providing legal advice on full range of extractive industry-related matters. She provides legal advice to foreign investors in various matters, including environmental compliance, in particular to mining companies. The assistance ranges from strategic corporate matters to investment structures efficient in Mozambique. She has also been involved in infrastructure and energy projects, having working alongside the relevant government departments. In addition, she has strong experience in the tax, commercial and labour areas.
Kaina's clients range from the leading producers of minerals in Mozambique, such as graphite and rubies, to coal mining companies. She also advises the largest producer of hydroelectricity in Mozambique.
Professional Qualifications
- Advising and assisting in relation to a concession to build, operate and transfer a 175 MW gas-fired generating plant;
- Local project finance counsel in a 175 MW gas-fired generating plant;
- Advising and assisting in relation to a concession to build, operate and transfer a 150MW of coal-fired power station, the first in Mozambique;
- Legal assistance on finance to a Mozambican entity for the construction of a 40 MW gas power plant in Mozambique;
- Advising a lead investor in the proposed CESUL project to build two new transmission lines that will transmit up to 3,000MW of power from the Mpanda Nkuwa hydroelectric power plant in Tete to Maputo;
- Coordinating a number of due diligence processes for electricity sector projects, including participation in strategic advice to international lenders, including IFC;
- Legal assistance with the drafting, negotiation and revision of commercial contracts;
- Local project counsel to a leading Australian investment group in implementing their coal project in Mozambique;
- Local project counsel to the largest graphite project in Mozambique;
- Assisting with mining licensing processes, including negotiations with regulatory bodies;
- Drafting and negotiation of mining services and sales agreements;
- Mergers & acquisitions, farm-in and farm-outs in mining projects, including getting Government consents;
- Assisting a global leading mining company with legal advice to compel the Government to respect a memorandum of understanding and issue the corresponding mining licenses;
- Ensuring sound client understanding of compliance and governance requirements, and advise clients of emerging compliance issues and help mitigate risk;
- Assisting in alternative dispute resolution cases, including acting as local council in an arbitration proceeding at the ICC;
- Liaising with regulatory bodies and line ministries in all mining-related matters;
- Leading due diligence process as part of farm-in involving leading global oil & gas companies;
- Leading due diligence and strategic advice in the scope of acquisition of rail and port infrastructures;
- Advising on issues related to environmental matters;
- Legal analysis of the impact of the Public Probity Law and the Anti-Corruption Law on natural resource exploration projects such as electricity, oil & gas and mining;
- Preparing supporting documents for negotiations in connection with the LNG project in Mozambique;
- Advising clients on investments in the gas distribution area;
- Advising clients on sovereign guarantees and the State budget in connection with financing;
- Advising on public officials’ liability to the foreign investors;
- Legal advice relating to extractive industry tax legislation, both general and in relation to tax litigation;
- Preparing and conducting VAT refund applications, including liaison with the Finance Ministry's Department of Refunds;
- Negotiating tax benefits and fiscal incentives with CPI and GAZEDA; and
- Advising on corporate matters, including incorporation and wind-up of companies, amending company bylaws, advising various corporate issues, assisting in negotiations on the sale of companies, due diligence, regularizing the legal status of the establishment and licensing of companies, verifying proper tax status and social security, among others.
Prior Experience
- April/May 2018, Professional Internship at DLA Piper UK LLP
- 2015-present, SAL & Caldeira Advogados Lda., Manager
- 2012-14, SAL & Caldeira Advogados Lda., Senior Legal Consultant
- 2008-2011, Grupo Insitec, SA – in-house counselor
- 2007, BDO Mozambique, trainee
Education
- Eduardo Mondlane University, Faculty of Law, Law Degree
In this number you can read: "Step-in Rights in Concession Contracts in Mozambique", "The new Legal regime for Use of Maritime Space in Mozambique Given the Ongoing Projects", "Contracting and Development Process if the Renewable Energy Sector in Mozambique" and "Oil and Gas in Mozambique: General Principles if Procurement (Acquisition of Goods and Services".