Area's of Expertise


ENERGY

The energy industry is a big and growing industry undergoing a rapid transformation in response to new trends that are shaping the industry. The most compound and challenging decisions facing governments and companies globally is the growing energy demand, security of supply and of emphasis lately is the need to reduce greenhouse gas emissions. In Sub-Saharan Africa the challenge is energy access and it is estimated that 633 million people lack access to electricity. All these challenges make it a vital industry to service and one that requires advisers with sector knowledge. Shakwa Nyambe & Co Inc advises on the entire value chain of these assets, from licensing, construction, financing, operation, maintenance and eventually their disposal.


OIL AND GAS

We advise governments, National Oil Companies (NOC’s), International Oil Companies (IOC’s), Independent petroleum companies and service companies on entire oil and gas value chain from exploration, production, storage, transportation, marketing and selling of fuels and lubricants. We also advise on local content legislations, fiscal and petroleum legal regimes.

  • Upstream

The upstream sector involves exploration and production of oil and gas. It is a unique sector which requires an in depth understanding of business, legal and regulatory considerations prevailing in the industry. We advise and provide the below legal and business advisory services:

  • Legal and business advisory to companies active in the petroleum upstream sector
  • Legal, regulatory and business aspects of obtaining exploration and production licenses
  • Exploration and production of hydrocarbons
  • Confidentiality agreements and Non-Disclosure Agreements
  • Buying and selling participating interests in petroleum licenses
  • Buying and selling oil and gas producing assets
  • Due diligence buying and selling Exploration and Production companies (E&P)
  • Joint Operating Agreements (JOA)
  • Farm-in Agreements / Farm-out Agreements
  • Drilling Agreements
  • Areas of Mutual interest Agreements
  • Joint Study Agreements
  • Joint Bidding Agreements
  • Seismic Acquisition & Interpretation Contracts
  • Disposal and sale of hydrocarbons
  • Data Exchange Agreements
  • Accounting Procedures
  • Well Services contracts
  • Lifting Agreements
  • Midstream

Between the upstream (exploration and production) and the downstream (refining and marketing oil products) is the midstream which entails pipelines, transportation and storage. We advise and provide the below legal and business advisory services:

  • Building, operating and leasing of natural gas pipelines
  • Pipeline construction contracts
  • Pipeline operation contracts
  • Fuel transportation agreements
  • Liquified Natural Gas (LNG) carriers
  • Downstream

The downstream sector entails the refining and marketing of petroleum and petrochemicals products. There is a lot of downstream activities in Africa where refined petroleum products are sold to various countries and that requires industry advisers. We advise and provide the below legal and business advisory services:

  • Sale of petroleum products
  • Fuel supply agreements
  • Retailer dealer agreements
  • Throughput agreements
  • Sale of crude oil

LIQUEFIED NATURAL GAS (LNG)

Countries with plenty of natural gas liquefy it and ship it by sea to markets across the World. The demand for natural gas is high because gas fired electricity generation is low carbon and an alternative to other fossil fuels source of power generation. We advise throughout the entire LNG supply chain, from liquefication to transportation, shipping and through to regasification in respect of both onshore and offshore projects. In addition, we advise and provide the following services:

  • LNG Sale and Purchase Agreements
  • LNG Facility Use Agreements

POWER

According to the ExxonMobil 2018 Outlook for Energy, Global energy demand will likely increase nearly by 25% in 2040 and Global electricity demand will rise by 60% between 2016 and 2040. All these developments will require industry experts to provide legal and business advisory. We advise governments, national electricity companies, corporates, suppliers and manufactures on:

  • Power Purchase Agreements (PPA)
  • Energy, emissions and carbon trading
  • Carbon capture and storage
  • Energy markets components such as generation, transmission, distribution and retail
  • Electricity market regulation and liberalisation
  • Power sector reforms
  • Energy networks
  • Energy trading
  • Energy legislations and regulations
  • Transactions before the Electricity/Energy Regulatory Authorities
  • License transactions
  • Drafting and negotiations of agreements related to energy
  • Arrangement of energy investments

RENEWABLES AND CLEAN ENERGY

The reduction of carbon emissions is a target for many countries globally and this has led to renewable energy sources such as solar, offshore wind, hydro biomass, and biofuels becoming essential for the transition to clean energy.
According to the ExxonMobil 2018 Outlook for Energy, among the most rapidly expanding energy supplies will be electricity from solar and wind, together growing by about 400%. All these factors will require legal and business advisers with knowledge of the industry. We advise on the entire value chain of these projects, from licensing, contracting, construction, financing, operation, maintenance and eventually their disposal.


ENVIRONMENT AND CLIMATE CHANGE

We advise governments, international bodies and companies on climate change and environmental regulatory compliance issues. The firm advises on broad areas of environmental law and represents both public and private entities as well as governments. In addition, we advise and provide the following services:

  • Legal and business advisory on environmental law matters
  • Environmental Impact Assessments (EIA) Reports
  • Climate change policies and international instruments
  • Environment, health and safety laws at national, regional and international level

MINING AND METALS

We advise governments, international mining companies, local mining companies and metals companies throughout the value chain of mining operations from acquisition, financing, expansion and disposal. We provide the below legal and business advisory services:

  • Legal and business advisory in respect of regulations and legal procedures regarding mining exploration
  • Mining sector agreements
  • Licensing and renewals
  • Minerals trade
  • Legal and regulatory requirements in the mining and metals sector
  • Due diligence on behalf of investors
  • Investment facilitation and trading of precious minerals

INFRASTRUCTURE

Africa is on an industrialisation drive with many infrastructure projects all over the continent. This development requires legal and business advisers with sector knowledge. We advise, draft and negotiate agreements in infrastructure developments such as buildings, communications networks and roads. We also advise on construction and other service contracts relating to oil and gas infrastructure using LOGIS, FIDIC and other common industry forms. We further advise on contractual matters relating to the decommissioning of offshore installations and pipelines.


LEGAL AND REGULATORY COMPLIANCE

We have expertise and experience in providing advice to clients on legal and regulatory compliance. We advise on matters related to bribery, anti-corruption, due diligence, fraud and financial crimes. We extensively advise foreign companies or clients engaged in international transactions and conducting businesses in Namibia on the applicable laws and their compliance thereof.


Energy, Natural Resources & Commercial Transactions Lawyers