Senegal, like many African countries , recently adopted on February 22, 2021 a new Act on Public-Private Partnership contracts (the Act). This Act repeals Act No. 2014-09 of February 20, 2014 relating to Public-Private Partnership (PPP) contracts in Senegal.
We recognize that establishing the right financing mechanism is crucial to the success of any investment project. With significant commercial experience of the common banking legislation, our team provides advice on finance transactions across the OHADA states, including cross-border investments. We help clients to ensure that their financing models comply with local banking and currency control regulations.
We act for banks, other lenders and borrowers in these transactions. We provide advice on regulatory compliance as well as transactional work, including complex investment contracts.
With a history of advising on some of the region’s most significant infrastructure projects, our lawyers advise foreign and local investors and government agencies to maximize project outcomes and facilitate good business relationships.
Our agricultural finance lawyers in Senegal have represented financial institutions, hedge funds, cooperatives and agricultural development banks in Africa in structuring complex agribusiness financial transactions.
Our lawyers in Senegal have experience advising on asset based lending and receivables financing.
We advise banks, finance houses, sponsors and corporates globally on a range of finance transactions, including asset-based lending, receivables financing, supply chain finance, consignment and title finance, distribution and transit finance and non-recourse structures.
Our lawyers in Senegal have experience in advising on a wide variety of asset and structured finance projects including the procurement, financing and leasing of aircraft, ships, road and rail infrastructure.
Our debt capital markets lawyers in Senegal advise on complex, innovative and high-profile transactions.
We advise issuers, underwriters, selling shareholders, sponsors, arrangers, lead managers, originators, dealers, trustees and depositaries on a broad range of capital markets offerings, including equity, equity-linked and debt securities, structured and project financings and securitizations.
Our lawyers in Senegal regularly advise senior lenders, equity investors, investment funds and companies on all aspects of syndicated and bilateral debt financing, including all aspects of the financing of public and private company acquisitions, MBOs, MBIs and other institutional buyouts in Africa and beyond.
Our derivatives lawyers in Senegal have experience in a wide array of mainstream and specialist derivatives and structured finance products, including stand-alone hedging products and hedging in connection with larger financing transactions.
We advise the full spectrum of derivatives users, ranging from leading financial institutions to corporates and investment and pensions funds, and have experience acting in a transaction management role or advising compliance in an increasingly challenging regulatory environment.
Our financial services regulatory lawyers in Senegal advise financial institutions of all sizes as well as national and international companies that offer financial products.
We advise clients on a wide-range of issues, from regulatory issues affecting the viability of the institution, permissibility of activities and investments, to anti-money laundering compliance, restructuring of boards and senior executive responsibilities, examination criticisms and regulatory investigations and enforcement actions.
Our lawyers in Senegal have experience in the infrastructure market and act for both sponsors and lenders in a wide range of limited recourse financing transactions.
We have broad experience of PPP transactions and thorough knowledge of several market sectors, including power (thermal and renewable), transport (roads, airports and shipping), oil, gas, commodities and water.
We have acted for many of the major infrastructure transactions being developed in Senegal under the country’s development blueprint, the Plan Sénégal Emergent.
Our oil and gas lawyers in Senegal have been engaged in every aspect of the industry working across the upstream, midstream and downstream sectors.
We have advised international oil companies, governments, sponsors and lenders on a broad range of matters including acquisitions and disposals, farm-ins and farm-outs, joint ventures and JOAs, financings, sale and supply arrangements, storage, trading, transportation, fracking and LNG.
We have advised on the two landmark oil and gas finds off the coast of Senegal and Mauritania.
Our lawyers in Senegal advise on the purchase and sale of existing power assets, as well as on the siting, development, permitting and financing of power projects, both thermal and renewable.
We act for governments, sponsors and lenders across a range of matters, from the development, construction and financing of power projects to issues related to transmission and distribution networks.
Our lawyers in Senegal have experience regarding the PPP sector, delivering sound and innovative solutions to clients on all aspects of projects, from their procurement and financing, including secondary market acquisitions and subsequent refinancing, through variations and operational issues.
We advise on every legal aspect from procurement strategy, tax structuring, contractual documentation and risk allocation to finance structuring.
Our lawyers in Senegal advise public sector bodies procuring major infrastructure projects on every legal aspect from developing the procurement strategy, producing and negotiating contractual documentation, tax structuring, forms of delivery, and risk allocation between the public and private sector.
Many procuring authorities are facing pressure currently to vary signed PPP contracts to reduce expenditure and we have extensive experience in advising in respect of operational projects across all sectors.
Our lawyers in Senegal have experience in the renewable energy market, advising on various renewable energy technologies, including hydro, solar and wind.
We have hands-on, practical experience of delivering each stage of a project, including planning, permitting, joint ventures and other corporate matters, structuring equity investment, developing project documents (such as PPAs, turbine supply agreements, EPC and O&M arrangements), project finance and M&A.
Our social infrastructure lawyers in Senegal advise both the private and public sector on high-profile social infrastructure projects.
As well as advising on the procurement and negotiation of projects, our work frequently sees us providing advice and support to our clients post-close during the construction and operational phases.
Our structured trade and commodity finance lawyers in Senegal combine a comprehensive knowledge of the law with a pragmatic approach to the commercial realities of structured trade finance.
We are adept at structuring transactions to mitigate risk in challenging markets, whatever commodities or technologies are involved, and are experienced in providing tailored financing solutions and cutting-edge security packages designed for our clients’ specific commercial needs.
Our lawyers in Senegal advise clients in the transportation sector on transactions across many legal disciplines.
We provide legal services to support clients in industries including aviation, highways, bus, rail, ports and shipping, as well as international trade issues, acting on behalf of funders, consortia, authorities, vehicle suppliers and operators.
Experience has included advising:
- Franco-Nevada in a USD135 million stream transaction for Teranga Gold in Senegal.
- Dangote Cement in its USD170 million syndicated loan facility from Ecobank and UBA.
- Standard Chartered Bank on its USD400 million loan for a telecommunications transaction in Senegal.
- Credit Suisse on loan transaction issues related to land granted by the Senegalese Government.
- China Export-Import Bank on loans to the Senegalese Government for the USD400 million Aibd-Mbour-Thies Expressway Project
- ICBC Standard Bank on its loan to the Government of Senegal for a cross currency swap
- Airbus and Santander on the bridging finance for the sale of an A330 airplane to Air Senegal – the first in Africa.
- American Capital, the lenders to the Taiba Ndiaye Wind Farm Project renewable energy in a public-private partnership with the Senegalese state electricity company
- Advising APM Terminals in their negotiations and agreements with the government to operate a harbor in Senegal.
- Tier 1 in Financial and Corporate (IFLR1000 2019)
- Winner for the Franco-Nevada USD135 million streaming transaction with Teranga Gold (Finance Monthly Deal Maker of the Year Award 2014 )