ASSISTANCE IN INVESTMENT AND INTRA-AFRICAN TRADE (AfCFTA)

 In the area of ​​investment and intra-African trade (AfCFTA), Zoll & Legal offers expertise through legal and technical assistance in four key areas:

  1. Assistance with Foreign Investment Negotiations, including negotiations of agreements and contracts between the client and foreign entities.
  2. Assistance in Investment Preparation: Due diligence, compliance audits, adherence to the new duty of vigilance, support in the implementation of the investment ;
  3. Assistance with Investment Dispute Resolution, including foreign investments between the client and their partner (whether foreign or not), including arbitration, conciliation, mediation, or any other form of alternative dispute resolution.
  4. Promotion of Intra-African Trade, facilitating exchanges and trade policies within the AfCFTA.

In these areas of assistance, our Expert(s) provide professional advice on the sought-after solutions to help the client evaluate options, interests, priorities, and strategies, and weigh the compromises that may be necessary when objectives conflict.

1. Investment Negotiations

In this aspect of our investment expertise, our assistance, depending on the client’s objective, takes one of the following forms:

  • Feasibility studies for investment projects and related evaluations.
  • Assistance in negotiations related to Bilateral Investment Treaties (BITs) or other investment-related agreements and capacity-building for officials working in this area.
  • Preparation of negotiation positions for investment agreements.
  • Preparation of tender documents (technical offer, financial offer, etc.) and assistance in tender processes (when contracts are awarded through competitive bidding).
  • Drafting and negotiating contractual provisions.
  • Preparation of dispute resolution agreements and related assistance.
  • Activation of Mediation, Conciliation, Good offices, and Arbitration for investment and trade-related disputes.

2. Investment Preparation Assistance

Our mission is to ensure that the investment project meets all necessary compliance conditions, specific or general, for investments. Our assistance, depending on the client’s objective, takes one of the following forms:

  • Due diligence
  • Compliance audits
  • Adherence to the duty of vigilance : Compliance with the duty of vigilance in investments within the AfCFTA. Our registered trademark and its digital platform are dedicated to providing this assistance.
  • Support in implementing the investment.

3. Investment Dispute Resolution

In this third aspect of our investment expertise, our assistance, depending on the client’s objective, takes one of the following forms:

  • Advice and/or representation in existing or potential dispute resolution procedures (Arbitration, Mediation, Conciliation, Good offices, etc.), including enforcement (or contestation) of an award.
  • Assistance in selecting Arbitrators, Mediators, Conciliators, and Good offices.
  • Assistance in preparing procedural documents for dispute resolution.
  • Assistance in harmonizing and producing evidence.

4. Promotion of Intra-African Trade, Facilitation of Exchanges, and Trade Policies within the AfCFTA

On March 21, 2018, Africa reached a new milestone in its regional integration with the signing of the Agreement establishing the African Continental Free Trade Area (AfCFTA).

 Zoll & Legal’s activities related to this continental free trade area include:

  • Support for the development of regional and intra-African trade in goods and in services.
  • Support for the development of African trade rules and policies.
  • Support for promoting exports for states and exporting businesses.
  • Evaluation of trade policies.
  • Assistance with the implementation of the African Continental Free Trade Area (AfCFTA).
  • Harmonization and compliance of national, regional, continental, and multilateral trade and tariff policies.
  • Technical assistance on the trade policies of African states, the African Union, and Regional Economic Communities (RECs).
  • Assistance in the implementation, optimization, and security of AfCFTA trade facilitation tools.
  • Support for the implementation of Trade Defense Measures.
  • Support for the harmonization, simplification, standardization, and transparency of intra-African trade facilitation measures.
  • Advisory services for economic operators, organizations, and institutions on the implementation of AfCFTA legal instruments: Agreement, Protocols on trade in goods, trade in services, dispute resolution rules and procedures, investment, intellectual property rights, competition policy, and their annexes and appendices, etc.
  • Training for economic operators, institutions, and organizations on AfCFTA legal instruments.
  • International trade agreements, trade policy, and instruments of the African Union, Regional Economic Communities (RECs), trade and investment promotion.
  • Training on international trade negotiation techniques and the development of international trade negotiation positions.