A trio of recent lateral hires indicates that law firms in London are keeping a close eye on African energy and infrastructure opportunities, with US law firms at the vanguard of such interest. Recent announcements by the London offices of Covington & Burling, Akin Gump Strauss Hauer & Feld, and McCarthy Denning, show that partners with project finance, infrastructure and energy backgrounds are in demand in London’s busy lateral law firm hires market. That reflects increasing confidence by banks and sovereigns in financing energy developments, the impact of gradually rising oil and gas prices and increasing activity, recently valued at USD 21.2 billion, in oil and gas mergers and acquisitions, alongside increased infrastructure activity associated with gradually increasing confidence in the mining sector. There is a clear mandate from development banks and African institutions alike to encourage investment in both conventional and renewable energy projects, especially with the prospect of greater investment as a result of China’s Belt and Road infrastructure intensifying around African maritime routes, and London remaining a hub for lawyers working in, and for, the infrastructure industry. COVINGTON BUILDS STRENGTH IN LONDON Covington & Burling was the most recent to announce hires, both individuals possessing extensive skills in project finance particularly in the power and renewable energy, transportation, mining, natural resources and water sectors, following last year’s opening of offices in Johannesburg and Dubai. Robin Mizrahi, a partner, and Laure Berthelot, a special counsel, joined from leading United States energy law firm Baker Botts. Both lawyers advise sponsors, lenders...

The European Union and its free trade agreement took decades to establish. Africa is now hoping it can achieve the same in a fraction of the time. But with Nigeria pulling out, questions are being raised over just how achievable it really is. It's a great idea and a desirable future. A free trade deal encompassing 1.2 billion people stretching from Cape Town to Cairo. Goods, services and perhaps labour, flowing freely in and out of more than 50 African countries. It could create tens of thousands of jobs and significantly reduce unemployment among the continent's youthful population. It'll boost trade between African countries and would be instrumental in moving the whole continent away from the narrative of simply being a place where the powerhouse economies of the West and East come to get their raw materials. Fears Many African governments, naturally, are keen. So, expect lots of fanfare when African leaders gather in the Rwandan capital, Kigali this week to sign the agreement. The South African department of trade and industry says it's "committed to a co-ordinated strategy to boost intra-Africa trade and to build an integrated market in Africa that will see a market of over a billion people with a GDP of approximately $2.6 trillion (£1.85tn) ". And Kenya's trade ministry says it'll not only create a massive liberalised market, but will also "enhance competitiveness at the industry and enterprise level, enhance value addition of products and exploit economies of scale and optimum utilization of resource". But...

More than two years after the signing of the Sharm-el-Sheikh Tripartite Free Trade Area (TFTA) agreement in June 2015 – which brought together member states of the Southern African Development Community (SADC), East African Community (EAC) and Common Market for Eastern and Southern Africa (COMESA) – trade ministers from all of Africa’s 54 countries, including those of the Economic Community of West African States (ECOWAS), which already have a common external tariff, met in Niamey, the capital of Niger, in early December last year to agree final terms for the African Union’s Continental Free Trade Area (CFTA). By and large, they made good progress. However, there are still issues to iron out. Member states have yet to agree on tariffs on all goods, for instance although on services, they successfully closed the book. "Intra-African trade grew by 8% in the first nine months of 2017, with Guinea, Ethiopia, Burkina Faso, Equatorial Guinea, and Sierra Leone in the lead." In order to make a meaningful impact, the CFTA will have to improve the quality as well as the quantity of intra-African trade. The objective of the CFTA is primarily to engender more intra-African trade, which currently comprises just 15% of the continent’s total merchandise trade. When compared with intra-regional trade in other continents – 67% in Europe, 58% in Asia and 48% in North America – this is quite low. Efforts, thus far, at improving the low trade interactions within the continent, have clearly not been very effective. There are signs...

Regional and international partnerships will be crucial in ensuring that East African countries leave no one behind with respect to access to clean energy, a senior East African Community official said Monday. Speaking at the opening of the first Sustainable Energy Forum for East Africa 2018, in Kigali, Christophe Bazivamo, the EAC deputy secretary-general in charge of productive and social sectors, called for collaborations among sector players, including between governments, private sector and developing partners. Nearly 80 per cent of east Africans, he said, live in rural areas and their main source of energy is traditional biomass consisting of fuel wood, charcoal and agricultural waste. According to the East African Industrialisation Strategy (2012-2032), the EAC seeks to diversify the manufacturing base and raise local value-added content of resource-based exports to at least 40 percent by 2032. “To achieve our industrialisation targets, we need to accelerate access to sustainable energy and promote energy production for productive uses. We realise that we cannot do this single-handedly. We need to revitalise our regional cooperation and partnership with development partners around the globe,” Bazivamo said at the opening of the three-day forum. Energy is a key priority for the six-nation bloc, he said, adding that ensuring availability of sufficient, reliable, cost effective and environmentally friendly energy sources in the region would facilitate achievement of broader EAC objectives, including attracting investments and promoting regional competitiveness. In 2013, EAC government ministries in charge of energy directed the bloc’s secretariat to seek support from the United Nations...

East African governments are under pressure to resolve longstanding trade disputes and remove non-tariff barriers that have slowed economic integration. As the East African Business Council celebrates its 20th anniversary on March 22 and 23 in Nairobi with a series of high-level events, the spotlight is on the gains and hindrances to integration. Lilian Awinja, the EABC executive director, said the council seeks to address integration and industrialisation challenges. Regional businesses will convene at the Kenyatta International Convention Centre to showcase domestic value-added products that are set to transform the bloc into an upper-middle income economy by 2050. “The exhibition will feature products and services grown, developed or manufactured in East Africa,” Ms Awinja said. “Promotion of local industries to manufacture and offer more products and services is critical for the realisation of the Buy and Build East Africa campaign.” At the EAC Heads of State Summit in Kampala last month, regional leaders directed the secretariat to ensure that the Customs Union Protocol, the Common Market Protocol and the EAC Elimination of NTB Act, 2017 are implemented. Non-tariff barriers According to a report by the EAC Council of Ministers to the presidents, by August 30, last year there were 18 longstanding NTBs. Among them is Uganda’s restriction on imports of beef and beef products from Kenya. Although Uganda should have lifted the ban in accordance with the recommendations of the bilateral meeting held between Uganda and Kenya in October 2015 in Nairobi, Uganda says it is still in the process...

Tanzania is banking on the development of its vast gas find into electricity to increase its capacity and provide a dedicated electric line for the SGR network, once completed. Currently, the country’s available power generation capacity stands at about 1,500MW, against a demand of 1,352 MW. “Jointly with Ethiopia, Tanzania re-opened the bids in August last year for the Rufiji hydropower project at the Stiglers Gorge which we will inject more than 2200MW to the national grid once completed over the next two years. We will soon announce the tendering. We are also in the last stages of the Kinyerezi plant from our natural gas, which should now inject 240MW next month and reach a peak of 3,000MW by 2022. We expect these power projects to be used to power the railway line,” a senior government official told The EastAfrican in an earlier interview. The region has turned to electric powered rails in a bid to increase efficiency, but questions abound on how these lines will be powered given the energy deficits individual countries face. Kenya dropped plans for electrification of the SGR line between Mombasa and Nairobi, citing its high costs and irregular power supply. Kenya Railways managing director Atanas Maina said that the preliminary research had shown inadequate demand for electric trains in Kenya coupled by higher cost and intermittent electric supply. “Electrifying this line also depends on our ability as a country to finance that kind of infrastructure. It was something that we would love to have,...

When Eritrea gained its independence from Ethiopia in 1993, Ethiopia became landlocked and therefore dependent on its neighbours – especially Djibouti – for access to international markets. This dependency has hampered Ethiopia's aspiration to emerge as the uncontested regional power in the Horn of Africa. Recently, however, the ground has been shifting. As we point out in a recent article , Ethiopia has attempted to take advantage of the recent involvement of various Arab Gulf States in the Horn of Africa's coastal zone to reduce its dependency on Djibouti's port. The port currently accounts for 95% of Ethiopia's imports and exports. It has done so by actively trying to interest partners in the refurbishment and development of other ports in the region: Port Sudan in Sudan, Berbera in the Somaliland region of Somalia, and Mombasa in Kenya. But it is Berbera, in particular, that will prove the most radical in terms of challenging regional power dynamics as well as international law. This is because a port deal involving Somaliland will challenge Djibouti's virtual monopoly over maritime trade. In addition, it may entrench the de-facto Balkanization of Somalia and increase the prospects of Ethiopia becoming the regional hegemon. Ethiopia's regional policy Ethiopia's interest in Berbera certainly makes sense from a strategic perspective. It is closest to Ethiopia and will connect the eastern, primarily Somali region of Ethiopia to Addis Ababa. It will also provide a much needed outlet for trade, particularly the export of livestock and agriculture. The development and expansion...

Arusha — Fears of shaky financial status of the East African Community (EAC) were allayed on Tuesday evening when a Kenyan cabinet secretary declared it cannot run bankrupt. "The Community cannot run bankrupt due to delayed contributions by the member states", the newly appointed cabinet secretary for EAC and Northern Corridor Peter Munya affirmed. He told the East African Legislative Assembly (Eala) that the financial woes facing the regional organization were being addressed by relevant authorities. "There are challenges with some countries delaying payments but we have talked on how to tackle this", he said as the House debated the 'State of EAC' speech by current Chair President Museveni of Uganda recently. However, he said the long term solution to the crisis lay with the often touted sustainable financing mechanism which was also discussed during the recent Heads of State Summit in Kampala. He noted discussions were on advanced stage on how to sustainably raise funds through slapping tax on imports, slicing the GDP "or a combination of these". According to him, the Community was also weighing on the current system where each of the six partner states made equal contribution to its annual budget and equity option. Mr. Munya's remarks came only weeks after the Arusha-based secretariat announced that only 40 per cent of the 2017/2018 expenditure budget by the partner states had been remitted to Arusha. The EAC and its organs and institutions had budgeted to spend a total of $ 110 million during the 2017/2018 financial year...

When Djibouti makes international headlines, it is usually in connection with the many superpowers that have built military bases on its shore. France, the United States, China, Italy and Japan all have a major military presence in the tiny East African nation. But for Djibouti's government, there is another major power that is even more important: Ethiopia. It is difficult to overstate just how dependent Djibouti's economy is on its much larger neighbour. There is almost no fresh water in Djibouti, so it must import water from Ethiopia. Most of its electricity comes from Ethiopia too. Little grows in Djibouti's arid desert landscape, so fresh fruits, vegetables and grains are trucked across the Ethiopian border every day. Economically, by far Djibouti's most valuable assets are its ports. But these too are almost entirely reliant on a healthy trading relationship with Ethiopia, which, being landlocked, requires an outlet to the sea. Ethiopia is an anchor in the Horn of Africa - any disruption will have knock-on effects More than a century ago, when the old Port of Djibouti was built by the French colonisers, it was connected with a railway that linked Addis Ababa to Djibouti City. Given the size differences of the two countries - today Ethiopia's population is more than 100 million, while Djibouti's is less than 1 million - the port was never about trade with Djibouti, but trade with Ethiopia. It is no coincidence that today, the new Doraleh Container Terminal is the end of the line...

President Trump has reportedly decided to impose new tariffs of 25 percent on imports of steel and 10 percent on imports of aluminum. This comes after the Commerce Department conducted two lengthy — but mostly closed-door — investigations under Section 232 of the Trade Expansion Act of 1962. Under this law, Commerce Secretary Wilbur Ross concluded that imports of steel and aluminum threaten America’s national security and recommended that Trump impose comprehensive new import restrictions. Imposing trade restrictions to protect national security would be an unprecedented shift in U.S. policy. While there have been many historical episodes of the U.S. steel industry demanding — and being granted — import protection of some form, what is taking place this time is truly different. This kind of protection would have tremendous economic and institutional repercussions well beyond the two cases currently on Trump’s desk. Here are five reasons for that: 1) This cuts a significant amount of imports. The two investigations cover about 2 percent of total U.S. goods imports in 2017: Imports of steel were $29 billion and aluminum $17 billion. These two are the largest of all trade investigations the Trump administration has conducted — each involves much more trade than the combined imports hit by Trump’s tariffs on solar panels and washing machines, announced in January. And the proposed cuts in imports are sizable. Trump’s tariffs would go further than Ross’s recommendations, which aimed to slash steel imports by 37 percent and aluminum by 13 percent. New tariffs would probably...