Tag: Hogan Lovells

  • Law firm lifts women

    An international law firm, Hogan Lovells, has completed the second year of its shared value partnership with leading social enterprise, Barefoot College.

    Barefoot College is a voluntary organisation working in the fields of education, skill development, health, drinking water, women empowerment and electrification through solar power for the upliftment of rural people. It was was founded by Bunker Roy in 1972.

    The partnership, launched in 2016, is a key part of Hogan Lovells’ commitment to empowering girls and women and to the Sustainable Development Goals (SDGs).

    The firm helped Barefoot College to improve lives by empowering women in rural communities in the world’s most remote locations, training women – known as ‘solar mamas’ – in 35 countries to become solar engineers and bringing light to 200,000 homes.

    Hogan Lovells said it helped Barefoot College to raise $400,000 globally in donations from the firm’s people, provided over 1,300 hours of pro bono advice to open four new solar training centres in Africa and to educate solar mamas on human rights.

    It also educated over 1000 schoolchildren in 12 countries about Barefoot and the SDGs, with 83 per cent of students reporting that they would like to work on developing new solutions to global problems.

    The firm supported Barefoot to train over 384 solar mamas from 35 countries, and produced a documentary, Flip the Switch, a 30-minute film, which follows the journey of the solar mamas and explores the importance of shared value partnerships towards achieving the SDGs.

    Hogan Lovells Regional Managing Partner, UK and Africa, Susan Bright, said: “We are immensely proud of the life-changing results we have achieved together so far.]

    Read also: Ayade hailed for hiring youths, lawyers

    “We’re particularly pleased with the warm reception of Flip the Switch, the documentary designed to raise awareness about Barefoot’s mission and to inspire private sector action towards achieving the SDGs.

    “Our relationship with Barefoot College is a core part of our commitment to empowering girls and women and is an example of what is possible through cross-sector collaboration.”

    Through its projects in over 100 countries, Barefoot has brought renewable electricity, clean water, and long-term working opportunities to millions of people.

    To date, Hogan Lovells has provided Barefoot College with expansion, intellectual property, corporate and tax advice on a pro bono basis, as well as volunteer and financial contributions.

    Barefoot College International Chief Executive Officer (CEO) Meagan Fallone, added: “Sustainability has become increasingly important for business and is imperative if we are to deliver the UN SDGs. It is a pleasure to collaborate with Hogan Lovells to drive social change.’’

    Ana Paula, Solar Engineer from Bahia, said: “I installed nearly 100 solar systems in two communities.”

    Ako Esther, Solar Engineer from Cameroon, said: “Because I am a farmer in my village, I am not expected to even hold a pen and write. I will be going back to my village as a solar engineer.”

    Rafea Anadi, Solar Engineer from Jordan, said: “There is nothing that a woman cannot do if she puts her mind to it.”

  • Boosting investment in Africa: The optimist’s view

    Andrew Skipper is a partner at Hogan Lovells, a global law firm with offices in over 45 countries, including 11 in the United States. He heads the firm’s Africa practice. His practice areas include complex contracting, consumer law, food law, medical device law, pharmaceutical, regulatory law and joint ventures. In this piece, he discusses how Africa can exploit its competitive advantage and the need to strengthen institutions, eliminate corruption and become more transparent and educated.

    Is there a new scramble for Africa? Why should Africa be confident? These and other questions are eloquently ventilated at the plethora of Africa investment conferences – including our own Hogan Lovells Africa forums in London and Johannesburg – and 2018 was no different.

    I have participated in a range of dynamic discussions and have been on the ground in Africa for much of the year, in a variety of capacities representing my profession as a senior corporate lawyer as well as a member of the Board of the Smithsonian National Museum of African Art.

    But what is new to learn about the continent? There are four key positive themes for the future that I have consistently heard.

     

    The Narrative

    Africa’s reputation globally as an investment destination needs some work. Risk is seen as high and business difficult to do, and the reality is that investment cash has global options.

    So why Africa? A key part of the answer to this is seen as changing the negative narrative through evidence, confidence, and pride.

    It is easy to focus on bad news when the continent is so big and varied, but there is now a much more concerted effort, championed by leaders such as Dr. Oramah of Afrexim Bank and supported by media like CNBC Africa, to project a positive image of the whole continent and what it has to offer the world. And this comes from government, business, media and cultural leaders and institutions bringing pride in the message.

    According to the African Development Bank (AfDB), African projects succeed more often than those in the US, returns on investment for those who understand the risk and play a long game can be high, some of the countries with the highest  economic growth are African, and  significant institutional reforms are embedding in a variety of countries keen to secure investment.

    Underpinning this narrative is a sense of pride in culture; which can be seen in the opening of the Zeitz MOCAA Museum of Contemporary Art in South Africa and MACAAL in Morocco, and events such as the 1-54 Contemporary African Art Fair taking place on the continent for the first time – all significant steps towards a continuing commitment to bringing African art and culture into the global mainstream.

    Implemented correctly this should prove an increasingly compelling message for African and global investors alike, which in turn should deliver hope and stability to the fast increasing population.

     

    The Continent

    Even today the trite saying that Africa is 54 different countries comes as surprise to some potential investors.

    Obviously, a simple map reading exercise would elucidate, but sometimes Africa has itself to blame by putting it all together; a melee of different cultures, economies, and people; often in the form of an Africa Forum or conference! Put that aside and the African message becomes more coherent.

    As promoted by President Akinwumi Adesina of AfDB, the focus should be on Africa as the next China, due to its abundant resources in human capital as well as natural resources and an increasing consumer base.

    At the same time, President Ramaphosa from South Africa eloquently outlines Africa as the next global frontier in investment and growth, on the move and on the rise with improved governance and deepening democracy.

    The simple facts show again that Africa’s human resources are growing massively and if this cohort can be marshaled to adapt to the changing world in the 4th industrial revolution, properly educated and fairly treated, then the continent should be looking to long-term success.

    There is clearly a focus on working together more, whether through the AU Agenda 2063, Economic Community of West African States (ECOWAS), Southern African Development Community (SADEC), and the East African Community (EAC) or more recently the focus on intra-African trade as a critical driver for continental success through the African Continental Free Trade Area agreement (AfCTA). This plays the continental hand far more clearly and is not lost on the rest of the world.

    We’ve seen the recent visits of Theresa May, Prime Minister of the United Kingdom, Emmanuel Macron, President of France, and Angela Merkel, Chancellor of Germany, vying with the Tokyo International Conference on African Development (TICAD) and Belt and Road, the Chinese development strategy, for influence and investment potential; which a confident and unified Africa has to be well placed to exploit its competitive advantage.

     

    The leaders

    There are new leaders and their language is becoming more aligned and focused on delivering results and investment into Africa from within and without.

    The message of Africa beyond aid, led by President Akufo-Addo of Ghana, calls for more private sector engagement, and echoed by others including President Ramaphosa, sounds compelling.

    Indeed having heard many leaders this year, the message is extraordinarily similar from Zimbabwe, Cote d’Ivoire, Ghana, Nigeria, Angola and South Africa.

    They say we need to bridge the investment gap and we know the need for government to work with private sector in Africa to attract more Foreign Direct Investment (FDI).

    We know that to do that, we need to create policy and regulate consistently in a modern way (e.g. to deal with the growing number of Fintech and entrepreneurial start-up’s).

    There also needs to be a focus on building and strengthen institutions, eliminating corruption and becoming a more transparent and educated nation.

    Finally, leaders know that African countries must invest in themselves alongside international investors and are acutely aware that in order to do this, the tax gap must be dealt with, and local cash, such as pension funds, must be activated.

     

    The business

    Business leaders, from bankers to industrialists, consultants to corporates and the intermediate multi-laterals and development finance institutions (DFIs) appear now to have a better grasp of what is needed. Or at least to enunciate it.

    The inaugural AfDB Forum brought together the vast majority of multi-laterals with a clear message that they will speed up and collaborate rather than compete, to do deals to leverage their involvement and encourage private and public sector investment, with a special focus on de-risking; which is a positive statement of intent.

    There is an acute awareness of opportunity and necessity in bridging the infrastructure gap and delivering to Africa’s growing population. More encouraging is the African businesses determined to do this for Africans.

    As Aliko Dangote, founder of the Dangote Group, recently said, he has invested heavily and sees more opportunities in Africa than any other continent in the next 10 years.

    To deliver, he makes it clear that Africans must lead, and must add value on in country. In the meantime, international businesses who understand the continent’s rich, diverse and sometimes complex modus operandi continue to make strides.

    So, we have a positive message, but as President Adesina says: you cannot eat potential.

     

  • Hogan Lovells launches review of African renewable energy

    Global law firm Hogan Lovells, on Wednesday published a new report, “Africa and Renewables: Wholesale Change or Short term surge?”

    The report was launched in Mauritius  at the on-going  2018 African Energy Forum, an event that brings together senior decision-makers active in Africa’s energy sector to form partnerships, identify opportunities and collectively move the industry forward.

    Compiled with input from the firm’s partners and many of its clients, spanning infrastructure, energy, finance, and private equity, the report highlights the challenges posed by producing and accessing renewable energy in Africa, and how these can be overcome to achieve potential and scale.

    In Sub-Saharan Africa, approximately one-third of the population (approximately 600 million people) has no access to electricity, with demand outstripping supply due to increasing life expectancy driven by greater access to healthcare, increased urbanisation, and technological advances. The estimated investment needed is approximately $50 billion per year.

    The report also highlights the potential for renewable energy production to revolutionise access to energy throughout the continent. Africa has vast potential to tap into its natural abundance of hydro, solar, wind, and geothermal energy sources, while the technological and financial hurdles to achieve major energy breakthroughs are increasingly surmountable.

    Commenting the report, Dubai-based ENRG partner and co-author Sohail Barkatali, and member of Hogan Lovells Africa practice, said “It is important to understand the unique challenges facing the African energy market, challenges like the physical geography of the continent and the rapid pace of change in its urban landscape.”

     “But it is also important to understand that this is a unique time for opportunity in African energy – creative financing, technological advances, and scalability in renewable energy sources are creating opportunity the likes of which we have never seen before. It’s an exciting time to be involved in the African energy market,” he stated.

     The report is the first in a planned series of “African Power” thought leadership reports, in which Hogan Lovells will tap into its African and global resources to examine the barriers to power development across the continent and real life success stories and innovative solutions.

    These barriers would  be tested and further deployed across the continent where priorities remain dominated by power and transport (road, rail and port infrastructure), telecommunications and water and sanitation projects; with commodity extraction still acting as a major catalyst for some of the largest infrastructure developments in Africa.

  • Multinationals failing to prevent third party bribery, corruption – Hogan Lovells

    Multinationals failing to prevent third party bribery, corruption – Hogan Lovells

    Generally, risk and other issues of bribery and corruption are often automatically attributed to corruption within governments or by officials.
    However a recent report by global law firm, Hogan Lovells, has identified the use of third parties as the second biggest bribery and corruption risk in most countries.
    The report which focused on countries in Europe, Asia and the U.S revealed that nearly half (49 per cent) of multinationals are failing to carry out basic bribery and corruption checks on third party contractors before starting to work with them.
    It was further discovered that 47 per cent of respondents are failing to carry out desktop due diligence; 44 per cent don’t ask third parties to complete a questionnaire, and the same proportion fail to conduct face to face interviews with third parties.
    Titled: “Steering the Course: Navigating third party bribery and corruption risk,” the report found that the use of third parties is on the rise with 82 per cent of survey respondents noting an increase in the past three years and 78 per cent anticipating an increase in the coming year.
    The results of the 2016 report follow interviews with 604 chief compliance officers, heads of legal, based in the UK, U.S., Asia, France and Germany, at many of the world’s largest multinational companies in four sectors – energy, minerals and resources; life sciences and healthcare; transport (including automotive and aviation); and technology, media and telecommunications, with a minimum of 2,000 employees and at least £250m turnover, and operated in four sectors: life sciences and pharmaceuticals (124); energy, minerals and resources (138); transport, including aviation and automotive (152); and technology, media and telecoms (190), Crispin Rapinet, Global Head of Investigations, White Collar and Fraud at Hogan Lovells, said:

    [quote color=”#000000″ bgcolor=”#ddbc87″ bcolor=”#dd3333″ arrow=”yes”]

    As companies expand overseas, there are good reasons to engage third parties – local know-how, connections to potential customers, and familiarity with the bureaucratic hurdles.
    “But it’s a fine line to balance the commercial advantages against the risk that third parties pose to your organisation, when they are acting in your name.
    “If you don’t have the right checks in place your company can be held liable if your third party bribes for your benefit. Regulators and enforcement agencies are sharpening their focus and corporates are increasingly facing enforcement actions such as criminal exposure for individuals and the company, and reputational damage.[/quote]
    The report revealed the UK as the weakest region on risk assessment with 50 per cent failing to regularly risk assessing all third parties. On the other hand, the U.S. was strong on several measures, for example in ensuring that third parties undertake training (61 per cent), and in conducting face-to-face interviews.
    Japan was the weakest in terms of requiring their third parties to refresh their anti-bribery and corruption training; 53 per cent answered negatively.
  • Sukuk bonds issuance will grow in West Africa, says Hogan Lovells

    Hogan Lovells, a leading global law firm with specialty in Islamic finance, has expressed optimism that the successful launch of Sukuk bonds by three West African governments will open up a vast financing channel for the region and encourage the growth of Sukuk issuance in the region.

    Hogan Lovells advised the Islamic Corporation for the Development of the Private Sector (ICD) as lead arranger on the issuance of three sovereign Sukuks in West Africa. These include sophomore issuances for the government of Cote d’Ivoire and the government of Senegal, and a debut issuance for the Republic of Togo.

    The Sukuks were listed on the Bourse Régionale des Valeurs Mobilières (BRVM), Abidjan, Cote d’Ivoire last week. Altogether with the debut issuances for Senegal and Cote d’Ivoire, the combined listing value was CFA 766 billion.

    Investors for the Sukuks were from a number of different countries across the Gulf and the Far East.

    Partner, Islamic Finance, Hogan Lovells, Imran Mufti, who led the Hogan Lovells’ team, said the landmark Sukuk bonds will enhance the development of Islamic finance in West Africa.

    “We expect to see a steady increase in the use of Islamic financing in the region as governments seek to raise funds for key infrastructure projects in sectors such as transportation, telecoms and healthcare,” Mufti said.

    He added that the listing on the BRVM should improve liquidity of the Sukuks, thus achieving a key objective of the investors.

    Manager, Sukuk Project, Islamic Corporation for the Development of the Private Sector (ICD), Zaky Sow noted that the transactions represented major milestone for Islamic finance in Africa as they cemented the use of alternative financing in the region.

    According to Sow, while the new issues would build on the debut issuances and stimulate non-conventional investment further in Cote d’Ivoire and Senegal, the latest issuance by Togo will open up new stream of investment for the country.

    “We were very happy to work with Hogan Lovells’ team once again, knowing that they would provide a first class service and expert advice, as well as a deep understanding of the market,” Sow stated.

    Nigeria has also indicated plan to issue a sovereign Sukuk to source funds from non-interest sources and create a benchmark that will help to facilitate the growth of domestic non-interest bond market. Osun State was the first and only government to have issued a Sukuk in Nigeria.

    Hogan Lovells has a first-rate reputation as a leader in Islamic finance, having advised on many first-of-their-kind transactions, such as the first major Sukuk by an African sovereign, the first convertible Sukuk, the first equity-linked Sukuk, the first Sharia-compliant securitisation, the first international Sukuk al-mudaraba and Sukuk al-musharaka, the first Sukuk buy-back, and the first Multilateral Investment Guarantee Agency (MIGA) guaranteed Islamic project financing.

    Hogan Lovells has worked extensively with ICD in Africa over the last few years, having advised on the initial Sukuk issuances for Cote d’Ivoire and Senegal.