DRC Trends and Developments Contributed by: Serge Nawej, ProximA International
Securing energy projects In the energy sector, JVs are used to develop power plants or distribution networks while integrating land and regulatory constraints. This is essential for obtaining permits and facilitat - ing concession or power purchase agreements (PPAs). Infrastructure and PPPs Road, port and social infrastructure projects are increasingly adopting JV formats, particularly under BOT (Build-Operate-Transfer) or IJV (Inde - pendent Joint Venture) models. The JV enables a combination of private financing and expertise with public support (land access, tax incentives, In the roll-out of a national identity system, the JV structure offers a suitable framework to secure tech investments while safeguarding state sov - ereignty over sensitive data. It also facilitates performance monitoring, control mechanisms, and gradual knowledge transfer to public insti - tutions. sovereign guarantees). Strategic technologies Legal flexibility and contractual engineering These JVs often involve hybrid structures, combining contributions in kind (permits, land, equipment), shareholder loans, early exit claus - es, and governance tailored to the project’s risk and complexity. The Rise of Hybrid and Balanced Models Owing to the Subcontracting Law and other fac - tors, project structuring now gives rise to legal and operational innovations – many of which the authors actively contribute to – paving the way for complex but balanced frameworks that align local interests with international standards.
(10%) and imposing stronger local content, environmental and processing obligations. • The Agricultural Law (Law No 11/022 of 24 December 2011), declaring land an inalien - able national heritage and requiring: (a) local ownership quotas in agro-industrial projects; (b) mandatory partnership with Congolese entities; and (c) effective land development, under penalty of concession withdrawal. These legal instruments collectively signal a clear direction: large-scale projects in the DRC must now incorporate robust local anchoring in both governance and execution, compelling investors to rethink their legal, financial and operational strategies. Towards a New Generation of Joint Ventures In this context of redefined legal and economic balances, joint ventures (JVs) are emerging as a strategic tool for project structuring in the DRC. Far from the often-unbalanced traditional mod - els – where the local partner acted merely as a figurehead or gateway to permits – the current trend demands a rebalancing of power and a redefinition of local partnership dynamics. The JV is now an instrument for aligning inter - ests, clearly distributing responsibilities and generating shared value. Several factors are driving this transformation, as follows. Local content and skills transfer JVs allow for real participation by Congolese actors. In high-grade copper and cobalt min - ing projects, for example, structures are being designed to give the Congolese partner mean - ingful access to technical data, production and dividends, with enhanced governance rights.
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