Dates:
26 & 27 July 2018
Location and Venue:
The Hyatt Regency, Dar Es Salaam Tanzania


Getting to Grips with the Mining legal and tax landscape in Tanzania!


The NEW Tanzania Mining Law, Local Content Policy & Tax Regime


Attend this 2 day event and receive insight into the NEW mining regulations and orders of Tanzania PLUS attend the 2 interactive workshops on the Tanzania Fiscal Regime and Local Content Policy.

The Tanzanian government has overhauled the fiscal and regulatory regime of its Mining sector. Under new regulations which the mining ministry passed in 2017, and January and February this year, Tanzania will now make it compulsory for foreign-owned mining groups to offer shares to the government and local companies.

The Mining (Local Content) Regulations of 2018 are now in effect. These regulations stipulate that mining companies have to allow for an ‘indigenous Tanzanian company’ to have at least 5% ownership of a project before it is eligible for new mining licences. They must also meet quotas for local recruitment, training and the procurement of local goods and services, as well as conduct business through Tanzanian banks and use only the services of Tanzanian financial institutions, insurance brokers and legal practitioners. The local content regulation imposes a fine of at least $5 million for mining companies that fail to implement the new requirements.

The Mineral Rights Regulations provide for how mineral rights holders can apply for mineral rights licenses and the procedure, costs and requirements for such licenses. Section 10(2) of the Mining Act was amended by Section 9 of the Written Laws Act, which entitles government to acquire, “in total, up to 50% of the shares of a mining company, commensurate with the total tax expenditures incurred by the government in favour of the mining company”.

“Tanzanian President John Magufuli on 18 April 2018, appointed a chairperson and commissioners for the country's new mining commission, Mr Idris Kikula. The appointment of the mining commission and new regulations published this year mean the country can now resume issuing new mining licences to investors.

An in depth analysis of the NEW REGULATIONS & ORDERS in the Tanzania Mining industry: 

  • The Mining Act Changes of 2017
  • The Natural Wealth and Resources Contracts (Review and Re-Negotiation of Unconscionable Terms) Act (Act No. 6 of 2017) (the “Unconscionable Terms Act”)
  • The Natural Wealth and Resources (Permanent Sovereignty) Act (Act No. 5 of 2017), (the “Permanent Sovereignty Act”)
  • New Ownership Rules: The Mining Act, SMLs in the Mining (Minimum Shareholding and Public Offering) Regulations, 2016 as amended  and MLs in the Mining (Local Content) Regulations, 2018
  • Mineral Rights Regulations
  • Local Content Regulations
  • Mineral Beneficiation Regulations
  • Minerals Trading Regulations
  • Radioactive Minerals Regulations
  • The Geological Survey 
  • Audit of Mines


PLUS 2 INTERACTIVE WORKSHOPS:

  • Tanzania Mining Tax Regime Workshop: Unbundling The Mining Tax Law & Managing Tax Risks
  • Tanzania Local Content Workshop: Deconstructing the Mining (Local Content) Regulations of 2018 and Local Content in Practice

2018 Subscription Promo 600X172 WEB 

AGENDA: DAY 1

08h15 – 09h00

Registration and Morning Refreshments

09h00 – 09h10

Opening and Welcome

09h10 – 10h00

 

Session 1A: Overview of the Mining Industry in Tanzania: 

  • The Chamber of Mines: Objective and Vision
  • The Mining Industry: Where are we now?
  • Developments in the industry over the last 12 months
  • Performance of the industry over the last 12 months
  • Anticipated legislative and fiscal changes over the next 24 months
  • New Project timelines and updates
  • Outlook for the Industry over the foreseeable future
  • The Mining Commission of Tanzania: Objective, Mandate and Scope of the Mining Commission


Ambassador Ami Ramadhan Mpungwe, Chairman, Tanzania Chamber of Mines

10h00 – 11h00

Session 2: Overview and Updates on… 

  • The Mining Act Changes of 2017
  • The Natural Wealth and Resources Contracts (Review and Re-Negotiation of Unconscionable Terms) Act (Act No. 6 of 2017) (the “Unconscionable Terms Act”)
  • The Natural Wealth and Resources (Permanent Sovereignty) Act (Act No. 5 of 2017), (the “Permanent Sovereignty Act”)
  • New Ownership Rules:  The Mining Act, SMLs in the Mining (Minimum Shareholding and Public Offering) Regulations, 2016 as amended  and MLs in the Mining (Local Content) Regulations, 2018
  • Overview of the Mining Regulations 2010 and 2018

Asha-Sabrina Ayub, Senior Associate, ALN Tanzania / ATZ Law Chambers

11h00 – 11h30

Morning Tea & Coffee Break


11h30 – 12h00

 

Session 3: The Mining (Mineral Rights) Regulations 2018

Charles Rwechungura, Managing Partner, CRB Africa Legal

12h00 – 12h30

Session 4:  The Mining (Mineral Beneficiation) Regulations 2018

Chris Green, Partner, Bowmans

12h30 – 12h50

Session 5: Minerals Trading: The Mining (Minerals and Mining Concentrates Trading) Regulations 2018

Wilbert Kapinga, Managing Partner, Bowmans

12h50 – 14h00

Lunch & Networking

14h00 – 14h20

Session 6: Radioactive Minerals:The Mining (Radioactive Minerals) Regulations 2018

Aisha Ally Sinda, Senior Associate, Bowmans

14h20 – 14h50

Session 7: Audit of Mines:The Mining (Audit and Inspection of Records) Regulations 2018 &  The Executive Agency Act (CAP 245) (Tanzania Mineral Audit Agency) (Disestablishment) Order 2018

Asha-Sabrina Ayub, Senior Associate, ALN Tanzania / ATZ Law Chambers
 

 14h50 – 15h30

Session 8: The Geological Survey of Tanzania: 

  • Disestablishment of theExecutive Agency Act (CAP 245) (Geological Survey Agency)by  2018 Order
  • The Mining (Geological Survey) Regulations 2018

Maruvuko Msechu, Director for Geological Services, The Geological Survey of Tanzania

15h30

Close of Day 1


AGENDA: DAY 2

08h30 – 09h00

Morning Refreshments

09h00 – 10h30

 

 

WORKSHOP 1: TANZANIA MINING TAX REGIME WORKSHOP

Unbundling The Mining Tax Law & Managing Tax Risks
Attend this session to gain clarity on the Tanzania Fiscal Policy and ensure compliance, including but not limited to:

Laurian. K. R. Justinian, Executive Director – Tax, Ernst & Young – EY, Tanzania

10h30 – 11h00

Morning Tea & Coffee Break

11h00 – 12h45

 

WORKSHOP 2: TANZANIA LOCAL CONTENT WORKSHOP

Part 1: Deconstructing the Mining (Local Content) Regulations of 2018

Amreen Ayub, Associate, Clyde & Co
Amalia Lui, Senior Associate, Clyde & Co

Part 2: Local Content in Practice

Asha-Sabrina Ayub, Senior Associate, ALN Tanzania / ATZ Law Chambers

12h45 – 14h00

Lunch & Networking

 

Close / End of Event

 

 

 



DESIGNED FOR THE FOLLOWING INDUSTRIES:

  • Mining – Operators, Exploration, Production
  • Project Developers
  • Financiers and Commercial Banks
  • Accounting, Auditing, and Tax Firms
  • Deal Brokers
  • Law Firms
  • Mining
  • Industry Suppliers
  • EPC Companies


Pricing and Discounts:

1 Day Event plus 2 workshops: USD 990
Register 3 or more: USD 850 each 

 


Featured Downloads:


Tanzania’s new mining rules impose restrictions on foreign banks, insurers. Read more here.

The Mining (Local Content) Regulations, 2018. Read more here. 

Amendments to the Mining Act in Tanzania. Read more here.
 
Tanzania’s New Natural Resources Legislation: What Will Change? Read more here.

Tanzania names chairperson for new mining commissions. Read more here. 

New Tanzania mining commissions brings fresh rules but fails to derail golden status quo. Read more here.  

Launch of Tanzania mining commission to benefit Kibaran. Read more here. 

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Ambassador Ami Ramadhan Mpungwe, Chairman, Tanzania Chamber of Mines

Ambassador Ami Mpungwe holds a BA(Hons), PGD International Law and Diplomacy, SMP, LCP. He served as a First High Commissioner of Tanzania, South Africa since 1994. Ambassador Mpungwe has 25 years of service in the Tanzanian diplomatic service. Since his early and voluntary retirement from the Diplomatic Corps, he has been appointed to several company boards in both South Africa and Tanzania. He is currently the Chairman of the Tanzania Chamber of Mines.

Amalia Lui, Senior Associate, Clyde & Co, Tanzania

Amalia is a qualified practicing Advocate in Tanzania with more than eight years’ experience in dealing with complex commercial matters, including but not limited to mining, oil and gas, energy and alternative dispute resolution. She has been involved in high profile projects in Tanzania which involved negotiation and drafting of contracts between investors and the Government. Amalia brings great commercial sense into any legal transaction and she always has a unique approach to transactions. She also has experience in working in Clyde's London office and another international law firm based in London.

Laurian. K. R. Justinian, Executive Director - Tax, Ernst & Young ( EY), Tanzania

Laurian has more than 20 years professional experience in tax compliance and advisory services to local and international clients. He is a Certified Public Accountant (CPA-PP) and a member of National Board of Accountants and Auditors of Tanzania and holds Bachelor of Commerce (Hons) degree from University of Dar-Es-Salaam, postgraduate diploma in tax administration from the Institute of Finance Management Dar-Es-Salaam. He also holds a higher diploma in tax law from the University of Witwaterand’s Johannesburg South Africa. Before joining EY in 1996, he worked as Tax Assessor at the Tanzania Revenue services and Tax trainer at the tax Institute. Laurian is also a registered tax consultant with the Tanzania Revenue Authority and a member of the Tanzania Accountancy Association.

Charles Rwechungura, Managing Partner, CRB Africa Legal

Charles regularly advises mining exploration and extraction companies on corporate and commercial issues such as joint venture agreements, transfers or assignments of mineral rights, applications for mining and prospecting licenses and has conducted multiple large-scale due diligence exercises for foreign investors looking to invest in the Tanzanian mining sector. Charles obtained an LLB (Hons) from the University of Dar es Salaam in 1977. He is the current President of the Tanganyika Law Society, the Bar Association of Tanzania Mainland, and an ex official member of the Council of the International Bar Association (IBA) and the East African Law Society (EALS).

Chris Green, Partner, Bowmans

Chris Green is a partner in the Dar es Salaam office, having relocated to Tanzania from the Sandton office in January 2017. Chris specialises in mergers and acquisitions and equity capital markets work.  His expertise extends to public and private transactional work, having advised clients such as AngloGold Ashanti, SABMiller, Coca-Cola Beverages Africa, Coal of Africa Limited, Metorex, Du Pont, Alexander Forbes and Rand Merchant Investment Holdings in South Africa and Sub-Saharan Africa.  On the equity capital markets front, Chris’ experience includes advising clients in both South Africa and Australia on their IPOs, capital raising transactions and general listings matters.  Chris also advises clients on competition/anti-trust and regulatory matters. Chris has previously been seconded to Shell South Africa Energy as well as to the M&A and Capital Markets Practice of a leading Asia Pacific firm.

Wilbert Kapinga, Managing Partner, Bowmans

Wilbert Kapinga is the managing partner of the Tanzania office.He specialises in corporate law, finance law, banking, privatisations, telecommunications and competition law. Wilbert has provided advisory services in numerous construction related projects including on roads, railways and airports. He has over 20 years’ experience advising domestic and international financial institutions and corporations on corporate, regulatory and transactional matters. Wilbert is a member of the Tanganyika Law Society, Law Association of Tanzania, East Africa Law Society, International Third World Legal Studies Association and African Society of International and Comparative Law.  He is ranked Tier 1 in General Business Law by Chambers & Partners which cites him as being “highly praised by market commentators for his breadth of experience and strength in the market.” His expertise is affirmed also by Legal 500 and IFLR1000 who list him as a leading corporate lawyer in Tanzania.

Aisha Ally Sinda, Senior Associate, Bowmans

Aisha Ally Sinda is a senior associate in the Dar es Salaam office. She specializes in banking and finance, competition, capital markets, corporate, conveyancing and property law, mergers and acquisitions, mining, oil and gas and PPP projects.  During her career, she has worked in the oil and gas M&A department at Allen & Overy LLP and Royal Dutch Shell in London as part of the International Lawyers for Africa programme (ILFA) in 2012. Aisha was also seconded to the World Trade Organisation in 2010 were she contributed to the work of the African Unit of the ITTC on a broad range of issues including the challenges facing African countries in the multilateral trading system after the global financial crisis and their participation in the WTO dispute settlement mechanism. Aisha is a member of the Tanganyika Law Society and the East Africa Law Society.

Asha-Sabrina Ayub, Senior Associate, ALN Tanzania / ATZ Law Chambers

Sabrina is a qualified lawyer in Mainland Tanzania (Advocate), Zanzibar (Advocate) and England (Solicitor) and Arbitrator (TiArb). Sabrina has considerable experience in advising high-profile clients on local content, mining, oil and gas, energy, private equity, corporate restructuring, finance, construction and projects and commercial transactions. She has contributed to Government consultations on streamlining Tanzanian business laws and is regularly an expert presenter to lawyers across Africa, including for the East African Law Society and International Bar Association. Prior to joining ATZ, Sabrina was Head of Legal of a pan-African construction group, headed the mining practice at Clyde & Co Tanzania and qualified into private equity at Taylor Wessing London.  Sabrina is a committee member of the Tanzanian BBG and is ranked by legal directories as among the top-19 lawyers in Tanzania as a ‘Leading Lawyer, Rising Star’ and ‘Associate to Watch’. 

Amreen Ayub, Associate, Clyde & Co

Amreen is a key member of Clyde & Co's Mining team. She also assists in other sectors including Banking & Finance and Corporate & Commercial. She has worked on major deals for mining companies including many relating to compliance with Local Content Regulations such as preparation of local content plans. Amreen plays a key role in updating clients and assisting them with the interpretation of recent changes in mining regulations.

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