December 15, 2017

Gas and Mining Law 2015

Gas and Mining Law

An in depth examination of the NEW regulatory environment:

Making adjustments in the preferential procurement of local goods and services
The quota regime for the employment of local and foreign workers
Assessing the framework for the export of unprocessed minerals
Refined Products – Preparing for the secondary legislation
Critical outcomes in SMME development
Working through new requirements in Oil & Gas & Mining contracts
Planning for tax adjustments and risk management strategies under the New Gas & Petroleum Tax Law and the Mining Tax Law
Secondary supporting legislation expected over the next 12 months including Anti-Trust Law, labour, immigration and local content policy priorities
The New Mozambique Government weighs in on regulatory and fiscal priority areas over the next 12 months
Working through Decree Law No 2/2014 for Offshore Areas 1 & 4

Market Briefing Outline

8:00 – 9:00

Registration for Registered Attendees and Morning Refreshments
09:00 – 10:00
Session 1
Focus areas and mandate of the Ministry of Mineral Resources & Energy for the next 5 years

Key legislative and fiscal movements and time frames within the extractive industry over the next 12 months
Reaching consensus on focus areas, including local community development, skills development, financial support in communities, and SMME development
Funding mechanisms available to SMME’s
Accessing finance – local communities
The role of educational institutes in skills development and capacity building
Ministry of Mineral Resources & Energy
10:00 – 11:00
Session 2

Update on the established and developing local content policies

Existing policy framework relevant to Local Content in Mozambique
Assessing the time frames relevant to a Local Content Law for Mozambique
Key guidelines for submitting your local content plan
Quota regime for the employment of local and foreign workers going forward
Enabling the increase of local procurement, knowledge transfer

11:00-11:30
Mid-Morning Refreshments
11:30 – 13:00
Session 3 A
Overview of the Gas and Petroleum Law nr 21/2014 and how it pertains to companies operating in Mozambique
Session 3 B
Overview of the Mining Law nr 20/2014 and the impact on future mining contracts

Shaping policy development and requirements within the Gas sector – Local content
The role of the gas and petroleum sector in local supplier development and capacity building
Working through procurement rights in goods and services – JV’s and service providers with local partners
Priorities in preferential procurement and developing local supply chains
Establishing the provisions in refined products
Working through exit transactions and M&A’s
Understanding provisions within local gas market requirements
Working through sales and marketing provisions
New timing requirements for exploration and prospecting and mining concession licenses
Quota regime for the employment of local and foreign workers
Working through the guidelines for the export of unprocessed minerals
Shaping policy development and requirements within the Mining sector – Local content
The role of the mining sector in local supplier development and capacity building
Working through procurement rights in goods and services – JV’s and service providers with local partners
Working through exit transactions and M&A’s
13:00 – 14:00
Lunch
14:00 – 14:45
Session 4 A
Tax Adjustments and Obligations under the New Petroleum and Gas Tax Law nr 27/2014

Tax stability and deductibility undertakings
Rules for the determination of production
Ring fence agreements
CGT provisions
Thin capitalisation
Application of transfer pricing
Domestic market supply tax incentives
Session 4 B
Tax Adjustments and Obligations Under the New Mining Tax Law nr 28/2014

Taxable base and exemptions
Tax stability negotiations
Surface tax rate amendments
Ring fence agreements
Application of transfer pricing
CGT provisions
Negotiating tax stability and deductibility undertakings
Domestic market supply tax incentives
14:45 – 15:15
Mid-Afternoon Refreshments
15:15 – 16:00
Session 5
Decree Law – Rovuma Basin Nr 2/2014

16:00 – 17:00
Session 6

Upcoming Legal Changes

Local Content Law

Immigration Law

Labour Law, Labour Rights, Work Permits and Labour Brokers

Anti-Trust Law
17:00 – 17:15
Closing Remarks

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