Tanzania is the third largest gold producer in Africa. Although large-scale foreign investment is a relatively recent phenomenon, gold exploration and mining have a long history in the country.
A mining license or permit is required at various stages of a mining companies life. We have done work for some of the leading mining companies around the world. Our team has been consulted for mining financing, mergers and acquisitions, structuring and negotiating joint ventures, and arrangements for goodwill. Our task is to distinguish between ‘legal’ and ‘illegal’ mining. These are loaded terms with more than just jurisprudential connotations and consequences.
Our experience in Energy and Mining
- Acquisition of a mining company with one of its main assets in Tanzania by way of a scheme through change in shareholding at holding company level, value: more than USD 1B.
- Acted for one of the largest oil and gas players in the world to get regulatory approvals in Tanzania.
- Acting for leading mining companies to ensure compliance of special mining licences, mining licences, prospecting licences amongst other licences under the Mining Act and its regulations.
- Acting for leading mining and oil and gas companies on tax compliance and tax consultancy on disputes.
- Negotiated in farm in farm out agreements including reviewing and vetting such agreements.
- Involved in the preparation, negotiation and finalization of joint operating agreements in the oil and gas sector.
- Carried out tax restructuring of companies entering into farm in farm out arrangements including advising on the relevance and applicability of applying for anti-trust (competition law) approvals.
- Our tax team has been involved in some of the biggest litigation related to oil and gas contracts including withholding tax issues.
- Tax team regularly advises clients on oil and gas related taxation issues with recently having consulted on a multi-million dollar dispute on whether a farm in farm out is taxable under the Income Tax Act.
- Involved in preparation, negotiation and finalization of gas sales agreement including negotiating gas sales price with the Government Negotiating Team (GNT).
- Advised oil and gas clients on land laws and Tanzania Investment Act applicability to land ownership related matters.
- Have been involved in the drafting and negotiation of production sharing agreements.
- Consulted for companies seeking opinion on the legality of tax stability (tax freeze) clauses in PSAs.
- Conducted training on the oil and gas laws and regulations in Tanzania, including presenting on the newly enacted Petroleum Act.
- Applied for tax exemptions/waivers for various oil and gas companies.
- Our tax department has been involved in the processing of tax credits for companies with refundable positions.
- Engaged with Tanesco (national electricity utility) on outstanding amounts owed to suppliers of oil and gas.
- Drafted guarantees and specific indemnities related to supplies of oil and gas to Tanesco.
- Acted for a foreign bank in the funding of a pipeline into Dar es Salaam from Southern Tanzania.
- Opined on requirement of Government approvals for parties entering into joint operations and farm in farm out agreements.
- Advised various prospective investors on whether oil and gas is a union matter.
- Regularly advise oil and gas companies on employment, contract, insurance issues including immigration, tax, land and general compliance.
- Handled criminal matters related to oil and gas companies ranging from fuel theft, to arrests of officials on duty.
- Lead legal consultant to one of the world’s largest solar companies to establish a 100MW plant in Tanzania, value USD 105M.
- Negotiated for clients with the state owned power utility for two power purchase agreements, deal worth in total USD620M.
- Consulted for a copper mining company from Asia on concession rights and mining licence, value USD 21M.
- Consulted for some of the biggest names in the mining industry and acquired over 200 prospecting licences, in addition to converting primary mining licences to mining licences.
- Advising a financer and bank on the development of a gas powered electricity plant in Southern Tanzania.
- FB Attorneys was involved in the team that successfully conducted an environmental and social impact assessment of two mines in line with local legislation.
- Consulted for one of the largest banks in Africa on a turn-key hydro power energy project.
- Under LCIA/ICC rules, regularly represent clients in arbitration matters cases in London, Dubai, Singapore & Paris.