CAMEROON LAW AND PRACTICE Contributed by: Serges Martin Zangue, Brandon Ntahdui, Joel Noussie, Julienne Happi, Mathias Choudjem, Maeva Pokem, Winy Felifack and Synthia Pamela Dounking Amfouo, Zangue & Partners
1. Legal System and Regulatory Framework 1.1 Legal System Legal System in Cameroon
Appeals in matters governed by OHADA Uniform Acts are exclusively escalated to the CCJA (acting as Supreme Court) after the Courts of Appeal at the national level. The CCJA also functions as an arbitra - tion centre. Monetary and Financial Laws Applicable in Cameroon Cameroon is also a party to the CEMAC Treaty, which established the Economic and Monetary Community of Central Africa ( Communauté économique des États de l’Afrique centrale , CEMAC) composed of six coun - tries. By virtue of the CEMAC Treaty, these six coun - tries share a single currency and thus a single central bank known as the Bank of Central African States ( Banque des États de l’Afrique centrale , BEAC). Via its regulatory texts, CEMAC covers a number of monetary and financial matters across its member states. The CEMAC Treaty provides for the CEMAC Common Court of Justice, which has a triple function: jurisdictional, consultative and arbitration administra - tion. Foreign direct investment (FDI) in the CEMAC zone is mainly governed by Regulation No 02/18/CEMAC/ UMAC/CM of 21 December 2018 on the regulation of foreign exchange in CEMAC (the “2018 Exchange Control Regulation”), which applies across all six member states of CEMAC. In relation to approval, this Regulation requires that all FDI and related proceeds be declared to the BEAC and the ministers in charge of finance in the various member states. The BEAC is the central bank com - mon to the six states that make up CEMAC and has sub-regional jurisdiction, whereas the Ministry of Finance has national jurisdiction. National level Several national legal instruments regulate FDI. In rela - tion to approval, for FDI in Cameroon involving the creation of a company with a foreign majority share or the acquisition of more than 50% of the share capital 1.2 Regulatory Framework for FDI Regulatory Framework for Foreign Direct Investment in Cameroon Sub-regional level
Cameroon has a bijural legal system: common law in the English-speaking part of the country (two regions) and civil law in the French-speaking part of the coun - try (eight regions). Although criminal law and procedure have been har - monised nationwide, civil law and procedure remain distinct between the two systems. Regardless, laws and regulations enacted in Cameroon apply uniformly across the national territory. At the national level, the judicial system in Cameroon is organised as follows: • the Supreme Court; • the Courts of Appeal; • the lower courts for administrative litigation; Duly approved or ratified treaties and international agreements, upon publication, take precedence over national laws. The country is a party to several trea - ties governing, among other things, business law and monetary and financial policies. Business Law Applicable in Cameroon Cameroon has signed and ratified the OHADA Treaty, which established the Organisation for the Harmoni - sation of Business Law in Africa ( Organisation pour l’harmonisation en Afrique du droit des affaires OHA - DA). OHADA harmonises business laws across its 17 member states through, to date, 11 Uniform Acts that cover various aspects of commercial law. The OHADA Treaty also established the Common Court of Justice and Arbitration (CCJA), which serves as the highest judicial body within the OHADA sub- region in matters concerning the application of the Uniform Acts. • the lower audit courts; • the Military Tribunals; • the High Courts; • the Courts of First Instance; and • the customary law courts.
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