Keeping a finger on the North African energy pulse

The North Africa Energy & Hydrogen Exhibition and Conference (NAPEC) takes place in Oran, Algeria, this week. Rodolfo Drudi and Mazilda Kerkouche told Africa Legal how they use the event to prepare in advance for challenges their clients will face.

Fares Legal, a member of Alliott Global Alliance, operates in Algeria and Libya, and is a partner to the 2023 NAPEC. The firm sees the event as the ideal platform for their lawyers to meet leading economic and policy actors in both the renewable and the conventional energy sectors and keep their finger on the pulse of topical issues.

A founding partner of the firm, Rodolfo Drudi heads the corporate and commercial law team. “Our firm has the aptitude, readiness and expertise to assist investors in the area of renewable energy as well as public and private partnerships. This is particularly important in light of the renewed interest in renewable energy in Algeria and the upcoming law on public–private partnership,” he shared.

Drudi says some of the main legal challenges currently facing energy companies in Algeria and North Africa are the lack of certainty, clarity and consistency in the laws themselves, as well as in the relevant application and interpretation of texts and case law.

“Another major issue is the stringent exchange control regulations and limits on foreign loans which complicate the transfer of investment funds and dividends,” he explained. “This is a major obstacle to both local and foreign investors as sizable renewable energy projects capable of meeting the needs of these countries require large investments.”

“Being involved with NAPEC allows our firm to share our insights on these questions and to identify other upcoming trends and recurring issues, priorities and developments so that we can formulate legal solutions for our clients,” explained Mazilda Kerkouche, a lawyer with Fares Legal.

Algeria developed a law on the promotion of renewable energy nearly 20 years ago, and Kerkouche says this is proof of the country’s interest in the area. “Over the past five years Algeria also adopted legal provisions encouraging investment, especially with the latest investment law adopted in 2022, namely law 22-18 which reaffirms the transfer guarantee in favour of foreign investors. These incentives, mainly in the form of tax reliefs, are granted for investments in geographic areas and economic sectors which the government wants to prioritise and develop with a view to encouraging them. The location of the renewable energy projects and their strategic nature mean that they are very likely to be eligible for these incentives,” Kerkouche explained.

With the global shift towards green energy, Fares Legal is continuously monitoring changes in the relevant legislation and recommendations both internationally and domestically, says Drudi. “We are also monitoring the trends advocated by civil society to anticipate these developments and to advise our clients accordingly. We share our analyses and observations with experts in the area at events like NAPEC to gear our strategy in this area,” he added.

As a member of Alliott Global Alliance, an elite coalition of 220 independent law and accounting firms in 95 countries, including across Africa, Fares Legal is in good company and they see joining the alliance as a way to extend their reach.

“In the long term, we aim to increase the share of renewable energy actors in our client portfolio,” shared Drudi. “We intend to accompany and assist them from the very beginning of their journey as investors with reliable and efficient solutions to help them sail through the administrative and legal issues that they could be confronted with.

For further information on NAPEC click here.


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