Welcome to Africa In Focus, We are most pleased to release the forth issue of Africa In Focus. Our aim with these bi-monthly brief reports is to provide you with an update on relevant news and key legal issues pertaining to Africa which may be of interest to you and to your business, complemented, whenever pertinent, with overviews on regulatory developments in the Angola and Mozambique jurisdictions. Africa has been pointed out as having an important role for the world’s forecasted demands on energy. The excitement surrounding unconventional resources once seen as a promise towards global energy needs led us to write about the potential of its development in African markets and the restraints still to be overcome in order for unconventional oil&gas to become an adequate and safe answer to the industry. We have also included several articles we wrote on African matters. If you feel there are developments of information you have read in these documentation, as well as comments or suggestions you would like to make, we would be very glad to hear from you so please let us know by emailing [email protected]. With very best wishes, VdAtlas IN-DEPTH In this issue In-Depht Promoting Unconventional Oil&Gas – Addressing legal uncertainty “Promoting Unconventional Oil&Gas – Addressing legal uncertainty” It seems generally accepted that unconventional oil&gas offers huge potential and it is Inside Africa | Speaking About clearly impossible to ignore the economic impact of recent discoveries. News Africa stands out in the world map due to recent discoveries of significant gas reserves in Legal Observatory Mozambique which had a significant impact in the world energy market. New oil discoveries on pre-salt blocks in Angola add to the optimistic oil production forecasts for the country. Alongside, discoveries of unconventional gas in other African countries such as Nigeria and South Africa created great expectations of new discoveries which would bring further opportunities for the economic development of Africa. However, promoting unconventional oil&gas in a responsible way for the economic and Through its VdAtlas – International Plataform, VdA has developed over the years a strong network of leading firms in Portuguese speaking Africa that covers all such jurisdictions. For further information about our Africa practice, please click here. environmental benefit of all requires long-term huge investment. Innovation continues to be required and as such commitment from all stakeholders (including investors and VdAtlas provides a professional governments) towards the adequate and appropriate balance between economic viability network based on exclusive or and safe and reliable operations is key to all players in the sector. preferential relations worldwide, bringing together highly specialised It is therefore important for investors to be provided with legal clarity and predictability local support with a profound so that they may plan ahead their long term investments. The sector is relatively new and debate around technical and environmental issues renders legal due diligence on knowledge of the client's business regulatory and environmental issues critical. Investors often strive with absence of specific legal framework or overlap of different regimes such as petroleum laws and mineral laws. Also, issues such as land access / rights can never be treated lightly. OUR TEAM Fracking, the technology that involves directional drilling and the propagation of Tiago Marreiros Moreira pressurized fluid to fracture shale, has made the extraction of natural gas an Partner Tel: (+351) 21 311 3485 economically viable venture. Fracking has raised public debate over its possible [email protected] environmental effects. Nuno Castelão Head of International Relations However what seems to be sometimes overlooked is the effect this technology may have Tel: (+351) 21 311 3670 on the property rights of landowners with property adjacent to the drilling site. Recent [email protected] court cases in the UK and in the US have evidenced that this needs to be duly taken into Francisco Amaral account and cared for in the context of the operation planning. Head of Business & Practice Angola Tel: (+351) 21 311 3451 [email protected] From a legal perspective, contracts need to take into account the specific characteristics of unconventional oil&gas and whether you are in a common law or civil law João Mayer Moreira Head of Business & Practice Mozambique jurisdiction. Tel: (+351) 21 311 3670 [email protected] Worldwide discussion has led to the identification of environmental impact and public Matilde Horta e Costa concerns surrounding unconventional oil&gas such as surface and ground water International Relations Manager & Chief Editor depletion and contamination, release of pollutants and wastes, greenhouse gas emissions Tel: (+351) 21 311 3422 and air pollution, negative effects on geology and wildlife and also the adequacy of shale [email protected] gas extraction techniques. Although there is still a great deal of scientific and technical uncertainty as well as contradictory data and reports regarding potential negative impacts to the environment and human health, it is essential that Governments, industry, scientific community and private stakeholders work together in order to address these concerns. Many Governments have started to enact or draft legislative measures which include environmental risk management aimed at preventing pollution and potential risks for human health. Accurate environmental information is therefore essential in order to enable countries to adopt regulatory framework that simultaneously guarantees an appropriate risk assessment without creating unnecessary constraints and requirements to the industry. The aforesaid will certainly not deter required investments that will ensure the right energy mix. We will all be required to act responsibly throughout this process. As lawyers we are excited to be able to contribute to the innovative frameworks that will be required in this respect. Ensuring strategic decisions are taken based on accurate regulatory and environmental information is crucial. Legal certainty will undoubtedly play a major role in the development of this new economy based on innovation and investment driven by the economic and environmental benefit of all stakeholders. 2 INSIDE AFRICA SPEAKING ABOUT 3rd Seminars on Banking Law in Pedro Cassiano Santos in The Oil & Gas Year Maputo August 9, 2013, The Oil & Gas Year - Mozambique 2013 Pedro Cassiano Santos was guest Pedro Cassiano Santos talks to TO&GY speaker at Banco Best 3rd Seminars on Banking Law aimed at discussing several issues regarding the “Challenges can be found not only in the implementation of the said new legislation Mozambican banking scenario. VdA's partner in charge of the Banking & but also within Mozambique's legal system as a whole. The country still has a long Finance practice focused on the way ahead toward a credible jurisdictional system and efficient and reliable financing tools for the banking activity' enforcement procedures.” writes the The Oil & Gas publication dedicated to with a special focus on the possibilities of using the capital markets as a means Mozambique in which it quotes Pedro Cassiano Santos, partner at the firm heading the to allow banks to broaden their Banking & Finance practice. financing sources, thus enabling them to keep up with the Mozambican See VdA News and Media economy's development. See VdA Events 'Securities Issuing and Public Tenders in times of crisis' Hugo Moredo Santos, managing associate at VdA's Banking & Finance and Capital Markets practice was guest speaker at a seminar under the title 'Securities Issuing and Public Tenders in times of Crisis' which was organized by Banco de Cabo Verde, Cape Verde's Stock Exchage and Instituto dos Valores imobiliários. See VdA Events NEWS Angola Mozambique BANKING & FINANCE BANKING & FINANCE Angola Cuts Key Lending Rate for First Time in Seven Months The central bank of Angola cut its benchmark interest rate as Fitch Ratings upgrades credit rating inflation eased. The key lending rate was lowered to 9.75% from Fitch Ratings has upgraded Mozambique’s long-term credit rating in 10%, the first reduction in seven months by the Luanda-based foreign currency from B to B+, while maintaining the national Banco Nacional de Angola. The bank lowered the rate by a quarter currency credit rating at B+, Source www.mozahub.com of a percentage point in January, only the second cut since it was introduced in October 2011. Source www.bloomberg.com Mozambique’s banks reduce retail interest rates The interest rates charged by financial institutions operating in Mozambique to their customers have fallen by over three percentage CAPITAL MARKETS points between May 2012 and the same month of 2013. Source www.mozahub.com Opening of Angola’s stock exchange postponed until 2016 Angola has postponed for a year plans for the possible opening of VTB may consider Mozambique investment opportunities the Luanda stock Exchange. VTB Group, Russia’s second-largest bank, said it may consider Source www.angolahub.com investment banking opportunities in Mozambique. “Mozambique is one of the countries that VTB may look at in the future in terms of OIL & GAS investment banking as part of its sub-Saharan medium-term strategy” Igor Skvortsov, chairman of VTB’s African unit. On way to becoming Africa’s top oil producer Source www.clubofmozambique.com Angola may become Africa’s top oil producer as soon as 2014, overtaking Nigeria. OIL & GAS Source www.angolahub.com Angola to produce 2 million barrels of oil per day in 2014 or Anadarko Rises on $2.64 Billion Mozambique Sale: Dallas 2015 Mover Angola will produce 2 million barrels of crude oil per day in 2014 or Anadarko Petroleum Corp. (APC), the second-largest U.S. 2015 and have produced an average of 1.751 million barrels of oil independent oil and natural gas producer by market value, rose after per day this year. Its estimated reserves are 12.777 billion barrels. announcing an agreement to sell part of its stake in a Mozambique 3 Source www.angolahub.com project for $2.64 billion.