On the 30 June 2022, Finance Act No. 5 of 2022 (‘Finance Act’) was passed into law amending the Companies Act, Cap 212 (‘Companies Act’).
Our energy and natural resources lawyers provide clients with the focused and innovative sector-based advice they require, in Tanzania and beyond.
We advise clients on all phases of projects including structuring, contract negotiation, regulatory compliance, financing and post-financing matters such as restructurings, acquisitions and dispositions.
Our lawyers have significant experience in negotiating, drafting and evaluating key project agreements such as: concession and implementation agreements; power sales, throughput and other offtake agreements; engineering, procurement and construction (EPC) agreements; fuel supply, transportation and other long-term supply agreements; operation and maintenance (O&M) contracts, as well as service agreements.
Experience has included advising:
- A contractor engaged to construct a power plant for personal use by the sponsor;
- An international contractor engaged to construct a geothermal power plant in Southern Tanzania;
- Bagamoyo Eco Energy Limited and the Government of Tanzania in structuring a project and identifying the hurdles delaying the project, including joint venture arrangements with the international investors worth USD415 million;
- A shortlisted EPC contractor in relation to planning and construction of a 320 MW combined cycle greenfield power station, including all relevant permits, authorizations and approvals;
- Gigawatt Global Cooperative UA on the proposed public private partnership with the national electric supply company TANESCO, involving finance, development, operation and maintenance of a 300 MW solar electric generating facility in Tanzania;
- A foreign government’s development finance institution in various legal matters for the financing of NextGen Solawazi, a power plant to be constructed in Kigoma, Tanzania;
- Ruhudji Power Company Limited on a project to develop a hydropower plant in the Njombe District, Tanzania; the project involved Aldwych International, a global leader in the power sector;
- Hecate Energy in company structuring and obtaining all relevant licenses to generate power using solar energy for a 50 MW project in Dodoma; and
- Berkley Energy and Sinotan Tanzania Limited on a 100 MW wind power project in the Tanzania highlands, assisting in negotiating the power purchase agreement, restructuring of the local company as an investment vehicle and advising on the legal aspects of project financing.
- Tier 1 in Project Development (IFLR1000 2019)
- Tier 1 in Energy and Infrastructure sector (IFLR1000 2015-2017)
Requirement For Disclosure of Beneficial Ownership Of Companies
On the 17 June 2020, Finance Act No. 8 of 2020 was passed into law. A number of laws were amended including the Fair Competition Act Cap 285 R.E 2009.
Plans to table in Parliament the Personal Data Protection Bill, advanced stage negotiations with Konoike Construction Company Limited, introduction of a road tax and other news.
Operators in the clearing and forwarding business involving importation and exportation of minerals and other sensitive goods have less than a week in which to shift to other businesses.