International Trade Law

In connection with the filing of a Reference to the East African Court of Justice (EACJ) to challenge an assessment by the Uganda Revenue Authority in respect of goods manufactured by OLA Energy’s sister company in Kenya and imported by OLA Energy. The imposition of duties on goods manufactured in Kenya is contrary to the Treaty for the establishment of the East African Community and the Common market and Customs union protocols arising therein.

As part of the Eversheds (Paris) led consortium, in connection with the review and harmonisation of the commercial laws of the five East African countries with the Customs Union and Common Market protocols.

Participating in a webinar on the implementation and dispute settlement regime under the AfCFTA.

Hosting a webinar to discuss the impact of the Kenya-UK Economic Partnership Agreement on international players in the Kenyan market and the East African Region at large.

In connection with a potential trade dispute arising from the imposition of tax by the Government of Kenya in respect of goods manufactured in Tanzania and imported into Kenya.

Hosting a webinar on international trade, with a specific focus on the Kenya-US Free Trade Agreement currently under negotiation.

Launching a series of articles, titled the Impact Series, to discuss key areas relating to the implementation of the AfCFTA.

In an increasingly interconnected global economy, maintaining robust ethical standards and transparent operations is paramount. ALN firms provide accurate legal counsel to ensure businesses uphold the highest standards of anti-corruption, transparency, and the rule of law across their international trade operations. We support businesses in maintaining integrity and mitigating risk across their operations.

Our services focus on:

• Compliance Program Development and Implementation: We assist clients in designing and implementing comprehensive internal compliance programs to mitigate risks and foster long-term operational integrity. We assist clients in establishing robust legal structures to comply with diverse regulatory requirements across Africa and the UAE. 
• Internal Investigations and Remedial Measures: Our team conducts thorough internal investigations and develops effective remedial measures, including specialised in-house training, to address compliance gaps.
• Governance and Accountability Frameworks: We advise on strengthening leadership and governance frameworks, which are crucial for maintaining investor confidence and promoting sustainable development within the trade landscape.
• Legal Framework Reform: ALN Firms support the development and enforcement of transparent legal frameworks to ensure equitable sharing of wealth and signal a commitment to fair and responsible business practices for global investors.

As Africa and the UAE deepen their regional integration and engage more broadly with global markets, competition law becomes critical for fair and equitable commerce. ALN Firms provide strategic advice on competition matters, ensuring compliance and fostering an environment conducive to healthy market dynamics.

• Competition Law Advisory: We counsel clients on complying with diverse competition law regimes across Africa and the UAE.
• Mergers and Acquisitions Compliance: Our team advises on competition aspects of mergers and acquisitions, particularly concerning new regulatory regimes within regional economic communities.
• Market Practice Guidance: We provide guidance to businesses on practices to ensure they align with international and regional competition standards, preventing anti-competitive behaviour.
• Defending Investigations: Representing and defending clients facing competition-related investigations.

Africa and the UAE are a significant arena for strategic partnerships and a hotspot for Foreign Direct Investment (FDI), particularly in sectors like renewable energy, digital infrastructure, and agribusiness. ALN Firms advise clients on structuring, executing, and protecting investments. We guide you through the process of capitalising on new market opportunities.

Key Investment Advisory Services:

• Cross-Border Investment Guidance: Advising on the legal structure and mechanics of investments flowing into and across African countries.
• Regulatory Approvals: Assisting clients in securing necessary regulatory approvals for their investment ventures.
• Market-Entry Strategies: Developing comprehensive legal strategies for successful entry into new markets.
• FDI and Private Capital Guidance: We counsel on investment flows, including Foreign Direct Investment, private equity, sovereign wealth funds, and impact investing, across various sectors.
• Projects and Infrastructure Development: Our firms offer comprehensive legal services for projects and infrastructure initiatives.
• Economic Cooperation and Strategic Partnerships: We advise on fostering economic cooperation and navigating strategic partnerships that attract investment and enhance capabilities.
• Investment Protection Measures: We provide counsel on measures designed to promote and protect investments, including requirements for commercial presence, local content, and joint venture structures, balancing foreign capital with local capacity building.

Navigating the complexities of international commerce requires expert legal guidance that adapts to the country’s evolving role from a passive participant to an active architect of the global economy. ALN Firms provide comprehensive services to facilitate seamless trade flows and capitalise on emerging commercial opportunities. We leverage our expertise to ensure cross-border deals are structured efficiently and lawfully.

• Global Trade Compliance: We advise on the scope and applicability of international trade rules, including customs permits, economic sanctions, and the classification of products and technologies to ensure full compliance.
• Trade Agreement Negotiation: ALN Firms offer skilled representation in negotiating various trade agreements, facilitating beneficial commercial relationships for our clients.
• Market Access Strategies: We guide clients through market access considerations, including both trade in goods and services, helping them leverage opportunities within new and existing trade partnerships.

In the dynamic realm of international trade, disputes can arise from complex transactions and diverse regulatory environments. ALN Firms’ dispute resolution team offers robust representation and strategic solutions to protect our clients’ interests in trade-related conflicts.

• • Trade-Related Disputes: We provide expert representation in complex trade-related disputes, navigating intricate legal and factual scenarios.
  • Defence Against Enforcement Actions: Our lawyers are skilled in defending clients against various enforcement actions initiated by regulatory bodies or other parties.
  • Strategic Negotiation: We engage in strategic negotiations for trade agreements and assist in conflict resolution mechanisms to achieve favourable outcomes for our clients.
  • Pre-emptive Risk Mitigation: Through proactive counsel and internal compliance programs, we help clients identify and mitigate potential areas of dispute before they escalate.

• Representation in Trade Disputes: We represent clients across the spectrum of forums, from local courts to specialised regional bodies. This includes representation before:

• • Domestic Courts: Handling litigation within national jurisdictions.
  • Regional Courts: Representing clients before bodies such as the East African Court of Justice (EACJ) and the COMESA Court of Justice.
  • International Courts and Arbitral Tribunals: Managing complex cross-border arbitration and international litigation.

The imposition and interpretation of taxes and tariffs can determine the success or failure of import-export ventures. We help businesses navigate the complexities of regional tariff structures and manage associated fiscal risks.

Managing Fiscal Risks and Opportunities:

Our tax specialists advise on complex transactional and dispute matters related to trade taxation. We help businesses:

• Preferential Trade and Tariff Management: We advise clients on leveraging trade agreements (such as regional free trade areas and bilateral pacts) to secure beneficial treatment. This includes:
  • Interpreting tariff liberalisation and changes in tariff schedules.
  • Utilising preferential regimes to secure duty-free access and lower costs.
• Customs Compliance and Trade Facilitation: We provide guidance on the scope and applicability of international trade rules to ensure full compliance and streamline operations. This encompasses:
  • Advising on customs permits, tariffs, and economic sanctions.
  • Counselling on initiatives aimed at simplifying customs procedures and eliminating trade barriers to enhance market access.
• International Tax Advisory and Risk Mitigation: ALN Firms provide expert tax advice relevant to global operations, ensuring compliance and efficiency for both resident and non-resident firms. This includes:
  • Identifying and mitigating tax risks associated with complex supply chains and cross-border operations.
  • Providing comprehensive international tax advisory services.