Overview

We have extensive experience in Mozambique, practicing for almost a decade advising international investment projects in the country, notably from Brazilian companies. Much of our practice in Mozambique is focused in the areas of infrastructure, construction & engineering, energy and oil & gas, mining, heavy industries, agriculture and development of related large scale projects. In addition to advice focused on specific industries we also advise on general legal issues, including advice on taxation, mergers & acquisitions, finance and foreign exchange matters, regulatory and public bids, labor and immigration matters, and corporate matters among others.

For projects in Mozambique, we have lawyers based in Brazil displacing permanently to Mozambique, besides having partnerships with experienced local lawyers. This combination unites local experience, which includes a unique perspective on local needs and the country's business environment, with access to our global platform. Thus, we use our local and international lawyers depending on client needs and on the complexity of the projects. We handle client’s affairs with a direct approach, linking our several offices, depending on the nature of the work and the profiles of the lawyers involved. Thus, we assign a leading lawyer to drive and manage the project from its start to its completion, offering our clients the comfort and security of knowing that our team will keep them informed of the work carried out, in all its stages.

Our lawyers are accustomed to working to tight deadlines and they take a proactive approach to ensure that the eventual legal issues are fully anticipated and resolved. In practice, this means proper analysis of the project at its outset, the early identification of potentially sensitive areas and the elaboration of rigorous planning and timelines. We also assure our approach is flexible enough to allow for and deal with last-minute issues, providing fast and efficient solutions, whenever necessary.

In short, we work to meet our client’s needs and exceed their expectations. We present ourselves as an international firm in a unique position by having full service capabilities in Mozambique, which allows us to assist multinational companies in all legal matters.

Experience

Due to the specific characteristics of the local market, we practice in Mozambique with greater intensity in the following areas:

Taxation: Advice on various tax issues in Mozambique, involving both direct and indirect taxes, especially those applying on cross-border transactions; such as those related to infrastructure projects, construction & engineering, energy and oil & gas, mining, heavy industries, agriculture and development of related and large scale projects.
Foreign Investment: Preparation, presentation and negotiation of several foreign investment projects before the authority of investment promotion of Mozambique.
Corporate & Capital Markets: Advice on all legal aspects of corporate law and capital markets, especially with regard to companies and joint ventures based in Mozambique; including the elaboration of equity and debt instruments as well as the corporate structure for complex and cross-border projects.
Joint Ventures and Business Partnerships: Advice on legal requirements when the need for partnership with local Mozambican entities; including the negotiation of joint venture agreements between foreign investors and the partners, and the formation of internal and external consortiums, associations in participation and other corporate structures.

Labor: Advice regarding all aspects and compliance with the Mozambican labor legislation and ancillary regulations; also advice on labor issues on expatriates in the country of the investor company’s headquarters.
Immigration: Advice regarding compliance with requirements of the Mozambican immigration legislation and ancillary regulations; including obtaining work permits and visas.
Local Content: Advice regarding the hiring of local products and services, in compliance with local content regulations; including meeting the mandatory requirements for the specific sectors involved.
Banking, Finance and Foreign Exchange: Advice regarding the applicable foreign exchange requirements, especially with reference to specific sectors and cross-border transactions; including all negotiation and structuring of financial instruments for equity and debt, as well as project finance of infrastructure projects and diverse large scale projects.
Real Estate and Rural Land: Advice on all regulatory aspects of the use and enjoyment of land for development of real state and agricultural projects, including its regulations and obtaining DUATs and land registries.
Anti-Corruption & Compliance: Implementation of anti-corruption legislation (as FCPA) audits in agents and local joint venture partners, as well as conducting analysis of companies’ internal procedures, in order to improve controls and compliance with international and local standards.
Energy and Oil & Gas - Regulatory and Contractual Aspects: Advice regarding regulatory aspects of operations with hydrocarbons in Mozambique, in particular with reference to the Petroleum Law, specific regime of taxation of petroleum operations, the Rovuma Basin regime and the ancillary regulations. Preparation, analysis and negotiation of concession and production sharing agreements, joint operating agreements, assignment of participation agreements and purchase and sale of assets (farm-in / farm-out) and infrastructure agreements - EPCs. Advice regarding the manner of structuring transactions with platforms and service providers for production fields, in particular by establishing efficient subcontracting structures.

Contacts

Americas

Partner
Paulo Rage
- Rio de Janeiro (T&C)+55 21 2127 4247
prage@mayerbrown.com

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