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Middle East – Africa

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In Employment

South Africa: The rise of employee value in the mining workplace

by 7 Mins Read

The most precious commodity in any workplace is a thriving and happy workforce. Employees want to know they are working in a role that provides not only personal meaning, but that the business is fulfilling its responsibilities to society and the environment. Employers, including those in the mining sector, that are able to correctly identify the right mix of workforce policies available to them and then find ways of accommodating and communicating with their staff to create meaning, purpose and well-being for them, are at a strategic advantage when it comes to attracting and retaining valuable talent.

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In AML & Financial Services Regulatory

South Africa: Crypto asset advertisements now regulated

by and 4 Mins Read

Crypto asset advertisers should be aware that they must now comply with new regulatory requirements around the publishing of crypt asset advertisements in South Africa. The South African Advertising Regulatory Board’s Code of Advertising Practice was broadened to include new requirements for crypto assets in January 2023. Crypto asset advertisers should prioritize compliance with new requirements under the ARB Code because, although the ARB’s rulings are not binding, an adverse decision is usually accepted by the advertising and publishing community and can result in reputational consequences for advertisers.

In Trade and Foreign Investment

Africa: The impact of the African Continental Free Trade Area on the continent’s mining sector

by 6 Mins Read

As a top producer of numerous critical mineral commodities, Africa is set to benefit from the rapid increase in the rate of global energy transition, with the continent’s mining industry playing a role in sourcing and supplying these critical minerals for use in clean energy initiatives. Exporting these critical minerals as raw materials, however, reduces Africa’s trading position to one of price takers, and the current disruptions in global supply chains are hampering the trade of these commodities in Africa, with mining companies subject to long delays and higher costs. The African Continental Free-Trade Area, implemented in 2021, acts as a strong impetus for African governments to address their infrastructure gaps, streamline their supply chains, boost their manufacturing capacity and overhaul regulation relating to trade, cross-border initiatives, investment-friendly policies and capital flows.

In ESG

Middle East and North Africa: MENA Soundbites

by , , and 2 Mins Read

In this vlog series, our MENA team of cross-practice specialists provide a quick roundup of the latest legal and commercial developments in the region as well as insights to emerging challenges and opportunities, to guide you as you shape your organization’s business resilience and strategy in the medium and long term. In addition, our senior female lawyers from our BakerWomen Middle East team join the conversations and share their insights on business and inclusion issues and trends in the region, as together we look to build trust and well-being in a post-pandemic world.

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In Trade and Foreign Investment

Africa and United States: Increased engagement regarding trade creating opportunities in the African free trade area

by 4 Mins Read

The strengthening partnership between the United States and Africa is having a positive impact on the myriad of trade and investment opportunities created by the African Continental Free Trade Area. At the recent US-Africa Leaders’ Summit in Washington, DC in December 2022, a number of exciting initiatives and investments were announced by the US to boost two-way trade and investment between the two regions.

In

Japan and South Africa: 2023 shifting trends in international tax

by 4 Mins Read

The implementation of Pillar 2, a principal rule of the Organization of Economic Cooperation and Development’s 15% global minimum tax proposal, has been debated for several years. Recently, Japan took a firm step towards affirming its adoption of Pillar 2 when the country outlined its 2023 Tax Reform Package, which included the implementation of the 15% global minimum tax. The Package also introduced an Income Inclusion Rule that in broad terms, aligns with the Global Anti-Base Erosion (GloBE) Model Rules, expected to become effective in 2024. This affirmative step by Japan puts some pressure on other states that have committed to implementing the GloBE rules, particularly in the European Union (EU), the United States (US) and South Africa.

In Trade and Foreign Investment

United States and Africa: Building strong partnerships

by 8 Mins Read

The strengthening partnerships between the United States and African countries is evident in recently announced initiatives that focus on sustainability and community empowerment and that provide reciprocal benefits for the citizens of both regions. Such initiatives include, for example, increased US support for climate, clean energy and infrastructure development projects in Africa, and programs that boost reciprocal trade and investment between the two regions.

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South Africa: SARS’ right to intervene in review applications stemming from criminal proceedings

by 5 Mins Read

This article explores the scope of the South African Revenue Service’s (SARS) direct and substantial interest in the case of “Commissioner: South Africa Revenue Service: In re: Cyril and Another v Additional Magistrate, Magistrates Court for Region of Alexander.” This case confirms that SARS has a direct and substantial interest in the evidence admitted in a review application stemming from criminal proceedings under the Customs and Excise Act. It further confirms that there is no time limit for intervention applications.

In AML & Financial Services Regulatory

South Africa: Financial Action Task Force’s potential greylisting

by 6 Mins Read

In October 2021, the Financial Action Task Force published its Report on South African Anti-money Laundering and Counter Terrorist Financing Measures. The Report concluded that South Africa is partially compliant with 17 of the FATF technical Recommendations and totally non-compliant with three of them, putting into doubt the country’s ability to ensure safeguards in accordance with international standards. FATF places countries that are not technically compliant with their Recommendations under increased scrutiny and monitoring. These states are considered “Jurisdictions Under Increased Monitoring,” and the list of these states is referred to as the ‘greylist.’

In Environment

Africa: Climate finance was a key focus at “Africa’s COP”

by 1 Min Read

The availability of climate financing to assist developing countries, the most vulnerable in the world to climate change, with the transition to a low-carbon, climate-resilient future was one of the key topics under discussion COP 27. There were numerous funding and climate action announcements focusing on Africa at “Africa’s COP”. It is hoped African countries will soon be able to access some of the financing required to fortify the continent against the impact of climate change. Achieving this is essential, not only to address urgent climate change adaption and mitigation challenges, but also to unlock the great potential of the continent.

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