Anjarwalla & Khanna advises on all aspects of business for foreign and domestic clients in the mining and minerals sector, including mergers and acquisitions, licensing and regulation, environmental law, lease and sale of mining assets or exploration interests and dispute resolution. We have represented Africa Development Bank in advising on the development of the Mining Bill 2014 and on cross-cutting legislation in Kenya. Our notable clients range from green field projects to large multi-national corporations and include foreign and domestic investors such as Cam Iron, Screencheck East Africa, Sanghi Cement, CDC, Acacia Mining, Kenya Flourspar and the Government of Kenya.
Matters in this sector include:
- Advising the Government of Kenya’s Ministry of Mining together with Slaughter and May, on the Mining Bill 2014, cross-cutting legislation in Kenya and best practice considerations for revamping the mining sector legislation in Kenya.
- Acting for the Government of Kenya (GoK) on its Mui Basin coal concession to Fenxi Mining (China), the first ever granted on a public private partnership basis, including structuring and negotiating all transaction documents (such as the benefits sharing agreement, exploration licence, mining lease and investment agreement), ensuring enforceability of the USD 1.6 billion Fenxi spend obligation, the provision of adequate performance securities, the inclusion of adequate environmental management and decommissioning mechanisms, including working with the GoK Inter-ministerial Committee on Coal to ensure the interests of the State Law Office, Ministry of Energy, Ministry of Finance, Ministry of Mines and Geology, Ministry of Environment and Natural Resource were being addressed, and working with Kitui county representatives to ensure the protection of local interests.
- Acting for the Cameroonian shareholders of Cam Iron, holder of mining concessions from the Governments of Cameroon and the Republic of Congo for one of the biggest iron ore deposits in the region, including advising on their rights as minority shareholders vis a vis the majority shareholder, Sundance Resources, a company listed on the Australian Securities Exchange, as well as advising on the imposition of local content requirements (supported by the Cameroonian Government) in connection with the related USD 5 billion mining, rail and port infrastructure project.
- Advising Sanghi, one of the world’s largest cement producers and distributors, on its acquisition of a majority stake in Cemtech, a limestone mining and production concessionaire in Pokot, Kenya, and on the related proposed development of a cement plant, including conducting due diligence, reviewing Kenyan mining laws and regulation, drafting and negotiating all transaction agreements and obtaining approval from the Competition Authority of Kenya.
- Acting for Lundin, a Nordic Exchange listed, Swedish independent oil and gas exploration and production company with concessions in Kenya, and an associated company Africa Oil Turkana, a subsidiary of Africa Oil Corp. in relation to the transfer of oil concessions pursuant to a reorganisation of Africa Oil Corp. in Bermuda, British Columbia, Ethiopia, Kenya, and the Netherlands.
- Acting for Camec, the world’s largest publicly traded uranium company (New York and Toronto stock exchanges), on its production sharing contract with the Government of Kenya for an oil and gas concession as well as on Camec’s subsequent sale of the concession to then-London Stock Exchange company, ENRC (now Eurasian Resources Group).
- Advising Delonex Energy UK, a world class oil and gas exploration company, in connection with its consideration to farm-in to a Petroleum Sharing Contract, interest held by Marathon Oil, a United States oil and natural gas exploration and production company, in Block 12A and 9A situated in Kenya including advising on various tax issues relating to the transaction.
- Acting for Screencheck East Africa, a Kenyan private limited company in connection with the acquisition of Nicholas Mining and Rift Valley Resources, two mineral exploration companies, including carrying out due diligence, reviews and advice on various rights to natural resources, drafting the terms of the share purchase agreements and shareholders agreements and effecting the completion of the transaction.
- Acting for Dominion, an oil and gas exploration company operating in East Africa, in connection with its securing production sharing contracts over Blocks L6 and L9 in the Lamu Basin, Kenya.
- Acting for Bowleven, an independent oil exploration and development company with operations in Cameroon, Kenya and Zambia, on its farm-in into Block L11 in Kenya, negotiating the agreement and performance guarantees, conducting due diligence on the existing Production Sharing Contract, and obtaining approvals from the Ministry of Energy and the Competition Authority.
- Advising Tullow Oil, a FTSE 250 oil company with significant East African assets, on current and proposed oil and gas regulation in Kenya on its operations in Kenya, including advising on the country’s new oil and gas regime, reviewing Tullow’s existing production sharing contract, and counselling on other oil and gas matters.
- Acting for Zarara Oil & Gas in negotiating its farm-in agreement in relation to exploration Blocks L4 and L13 and other related agreements the Joint Operating Agreements relative to the two blocks and later on its including farm act to Midway Resources.