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PORTS, TERMINALS and LOGISTICS CORRIDORS 2 Ports, Terminals and Logistics Corridors

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PORTS, TERMINALS and LOGISTICS CORRIDORS 2 Ports, Terminals and Logistics Corridors PORTS, TERMINALS AND LOGISTICS CORRIDORS 2 Ports, Terminals and Logistics Corridors Contents 04 Our Firm 05 Our Footprint in Africa 06 Our Ports, Terminals and Logistics Corridors Sector 07 Our Specialist Services 09 Our Signature Matters 10 Accolades 12 Key Contacts 3 BOWMANS Our Firm Bowmans is a leading Pan-African law firm. Our track record of providing specialist legal services, both domestic and cross-border, in the fields of corporate law, banking and finance law and dispute resolution, spans over a century. ith six offices in four African countries Our expertise is frequently recognised by Wand over 400 specialised lawyers, we independent research organisations. We have been are differentiated by our geographical reach, named Africa Legal Adviser by DealMakers for independence and the quality of legal services the last two consecutive years (2014 and 2015). we provide. Most recently our South African office was named South African Law Firm of the Year for 2016 by the We draw on our unique knowledge of the Who’s Who Legal. We also won the Competition African business environment and in-depth and Regulatory Team of the Year and the IP Team understanding of the socio-political climate to of the Year Awards at the prestigious African Legal advise clients on a wide range of legal issues. Awards hosted by Legal Week and the Corporate Our aim is to assist our clients in achieving their Lawyers Association in 2015. objectives as smoothly and efficiently as possible while minimising the legal and regulatory risks. Our clients include corporates, multinationals and state-owned enterprises across a range of industry sectors as well as financial institutions and governments. CONTENTS PAGE 4 Ports, Terminals and Logistics Corridors Our Footprint in Africa e provide integrated legal services Wthroughout Africa from six offices (Antananarivo, Cape Town, Durban, Johannesburg, Kampala and Nairobi) in four countries (Kenya, Madagascar, South Africa and Uganda). We work closely with leading Nigerian firm, Udo Udoma & Belo-Osagie, which has offices in Abuja, Lagos and Port Harcourt, and have strong relationships with other leading law firms across the rest of Africa. We provide coverage of francophone OHADA jurisdictions across the continent (including Benin, Burkina Faso, Burundi, Cameroon, Central African Republic, Chad, Congo Republic, Democratic Republic of Congo, Gabon, Guinea, Ivory Coast, Mali, Mauritania, Niger, Rwanda, Senegal and Togo) from our office in Madagascar. We are representatives of Lex Mundi, a global association, with more than 160 independent law firms in all the major centres across the globe. This association gives us access to the best firms in each jurisdiction represented. Bowmans offices Relationship firm Francophone Africa coverage Significant transaction or advisory experience CONTENTS PAGE 5 BOWMANS Our Ports, Terminals and Logistics Corridors Sector Millions of tons of import and export cargoes We are also the listed legal correspondent in the move along the logistics corridors of Africa every ports of Cape Town and Port Elizabeth for most of day, using road, rail and pipelines for carriage the International Group of P&I Clubs. from the hinterland to ports and liquid and dry cargo storage facilities for shipment or discharge We have worked on a number of major projects, through the terminals which populate those ports. including the proposed Durban Dig-out Port and full rail, terminal and port developments We have extensive expertise in the ports, terminals in a number of countries in Africa including and logistics corridors sector across numerous Mozambique, Tanzania, Ghana and Namibia. countries on the African continent and deliver a comprehensive service facilitating relationships Our clients include various government between land and sea users and owners of ports, departments, international logistics infrastructure terminals and equipment. We have advised on well developers and operators, shipping lines, national over 100 related infrastructure projects, many of port authorities, financiers and insurers. which have ports, terminals and logistics corridors facets to them. Our specialist port-related services include: Our offering includes advising on port and • port and terminal regulatory advice and terminal regulations and legislation, terminal facilitation of relationships between port throughput agreements, ISPS, port economic and terminal users and operators, including regulation, terminal operating procedures concessioning and licensing; (including rail and stockyard interfaces and management processes), storage contracts, • economic regulation; establishment of all infrastructure pertaining to ports, terminals, storage facilities, inland terminals • port, terminal and logistics corridor and logistics corridors such as rail and pipelines. throughput agreements; Our expertise integrates all of the contractual and regulatory aspects of ports, terminals and • litigation between parties to port or logistics corridors with the physical establishment terminal operations, including the ship/ and financing of the infrastructure. In this context, terminal interface; we also advise our clients on establishing logistics infrastructure, relationships between land and • port and terminal accident and sea users, building contracts from source to casualty investigation; sea and equipment and other procurement contracts, as well as project finance and public- • port, terminal and logistics corridor (road, private partnerships. rail and pipeline) infrastructure financing, construction, procurement and Our service extends to undertaking risk establishment; and management assessments as well as all litigation between parties to port or terminal operations. • logistics advice including warehousing and storage agreements, distribution We serve all of the ports in South Africa, agreements, credit agreements, standard including Cape Town, Durban, Ngqura/ Coega, trading conditions, ships agency, clearing and Port Elizabeth, Richards Bay and Saldanha and forwarding, customs advice and the like for all numerous ports in Sub-Saharan Africa including all logistics projects and businesses. Mozambique, Tanzanian and Kenyan ports as well CONTENTS PAGE as Namibia, Angola, Madagascar and Mauritius. 6 Ports, Terminals and Logistics Corridors Our Specialist Services CONTAINER DEPOTS BREAK BULK AND CONTAINER LOGISTICS CORRIDOR AND • Regulations and standard trading conditions PORT PROJECTS • Credit applications • Leases We regularly advise on the following workstreams • Service level agreements in the sector: • Equipment handling MANUFACTURER/ TERMINAL OPERATIONS RETAILER/ BANK • Terminal concession agreements • Supply/ sales contracts for • Equipment financing and international sales procurement • Standard trading terms • Project finance • Letters of credit • Public Private Partnerships • Trade finance • Terminal regulations • Environmental advice • Labour INLAND TERMINAL/ • Construction contracts DRY PORT • Storage agreements • ISPS protocols • Concessions • Usage agreements • Distribution agreements PORT OPERATIONS • Warehousing and storage • Port concession agreements • Port transaction finance advice ROAD/ RAIL LINK • Port promulgation • Operational advice • Rail building/ operation • Port usage agreements concession • Environmental advice • Engineering/ construction • Port regulations contracts • Port economic regulation • Rail transport contracts • Road transport contracts and standard trading conditions CLEARING AND FORWARDING AT PORT • Customs • Documentation • Customs structuring and advice CONTENTS PAGE 7 BOWMANS DRY BULK LOGISTICS TERMINAL OPERATIONS CORRIDOR AND PORT • Terminal concession agreements PROJECTS • Terminal throughput/ take or pay/ usage agreements • Environmental advice • Equipment financing and procurement MINE • Terminal regulations • Labour • Mining concession • Terminal operator handbook • Supply/ sales contracts for • ISPS protocols international sales • Project finance • Environmental advice • Cargo declarations to vessels • Engineering/ construction • Construction contracts contracts • Sampling protocols • Letters of credit • Public Private Partnerships • Finance agreements • Container depot regulations and STCs • Storage agreements (liquid bulk) INLAND STOCKPILE/ INLAND DRY BULK TERMINAL PORT OPERATIONS • Owner/ Operator SLAs • Port concession agreements • Sampling protocols • Port regulations • Usage agreements • Port usage agreements • Holding certificates • Operational advice • Stockpile and storage • Port transaction finance advice regulations • Port economic regulation • Environmental advice • Port promulgation ROAD/ RAIL LINK • Rail building/ operation RISK MANAGEMENT concession • Engineering/ construction • Project risk management contracts • Enterprise wide risk • Rail transport contracts • Risk identification • Road transport contracts and • Risk assessment standard trading conditions • Risk mitigation and management STOCKPILE AT PORT • Rail/ stockpile interface • Stockpile and storage regulations CONTENTS PAGE 8 Ports, Terminals and Logistics Corridors Our Signature Matters We have advised/ acted for: • PetroSA on their gas to oil projects in Mossel Bay and Iran in joint venture with Statoil and • Aeolus Kenya Ltd BVI in respect of the National Iranian Oil Corporation. conclusion of a framework agreement • PetroSA on the sale of the OMEGA oil rig. between Aeolus Kenya Ltd BVI and the • Puma Energy in respect of the acquisition of Kenyan Government for a six phase project an LPG terminal
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