OHADA Trends and Developments Contributed by: Albert Dione, Stéphanie Manguele and Fatoumata Binta Maïga, Thiam & Associés
For public contracts, they must systematically resort to co-contracting or subcontracting with local com - panies, which must handle at least 40% of the volume of services to be executed. Regarding employment, economic operators must employ Guinean personnel at a rate of 30% for management positions, 25% for supervisory staff, 50% for skilled workers, and 100% for unskilled workers. The creation in 2024 of the Local Content Regula - tion and Control Authority (ARCCL), in application of Law L/2024/013/CNTDU of 24 April 2024, marked a decisive turning point in the effectiveness of the sys - tem. Henceforth, local content plans must be formally validated, and any structural operation, including M&A or strategic partnerships, will be subject to prior con - trol. In the coming years, the progressive implemen - tation of this institutional framework is expected to strengthen legal certainty and the compliance obliga - tions applicable to investors. The regulatory and institutional developments out - lined above find a particularly significant illustration in certain large-scale extractive projects. The Simandou project in the Republic of Guinea provides a compel - ling example of how considerations relating to govern - ance, local content and infrastructure coordination are now integrated into the design and implementation of major investment undertakings. The Simandou project notably brings together China Baowu Steel Group, Rio Tinto and Winning Consor - tium Simandou in an unprecedented framework of international cooperation centred on one of the larg - est iron ore deposits in the world. The related pooling of rail and port infrastructure has marked a decisive step in the organisation of the project. This arrangement makes it possible to avoid duplication of costs, optimise investments and guar - antee the Guinean State a non-dilutable 15% interest in the project companies. At the peak of the construc - tion phase, the project reportedly mobilised almost 60,000 jobs, most of which were held by Guinean nationals. The development of local suppliers and ser - vice providers within the value chain further illustrates the growing importance of local content requirements in the structuring of such projects.
In Senegal, Law No 2019-04 relating to local content in the hydrocarbon sector, supplemented by Law No 2022-17 relating to local content in the mining sec - tor, imposes obligations for progressive recruitment of nationals, technology transfer, local sourcing, and skills development. Foreign companies must facili - tate nationals’ access to the qualifications necessary to progressively replace expatriate employees. M&A transactions in these sectors are now conditional on prior evaluation of compliance with the requirements of the National Local Content Monitoring Committee. In Côte d’Ivoire, Law No 2022-408 of 13 June 2022 aims to facilitate the participation of local companies and actors in the oil sector. It requires prior authori - sation for any foreign company wishing to engage in subcontracting, service provision, or goods supply in the oil and gas sectors. Companies must define quantified annual objectives regarding local content. Transactions that occurred in 2025–26 in the energy and infrastructure sectors were marked by strength - ened local content compliance audits and increased vigilance from sectoral authorities. In Mali, Law No 2023-041 of 29 August increases the participation of local companies and workers in min - ing activities. The State benefits from a free 10% par - ticipation and an optional cash participation right of 20%, exercisable within 12 months following the issu - ance of the operating permit. Operating companies must transfer 5% of their shares to national investors, and foreign subcontractors must open up a minimum of 35% of their capital to Malian partners. Acquisi - tion operations involving Malian mining companies must integrate these requirements from the structur - ing phase. In Congo, local content relies on the progressive integration of local skills and industries in strategic sectors. Despite structural obstacles, the State imple - ments mechanisms aimed at promoting the preferen - tial award of contracts to local companies and encour - aging technology transfer. In Cameroon, Law No 2016-17 of 14 December 2016 relating to the Mining Code guarantees the creation of local jobs, development of community infrastructure, and implementation of social programmes.
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