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Bank of Central Africa States (BEAC) Foreign Exchange (FOREX) Regulations Putting Restraints on Prosperity (By NJ Ayuk)

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By NJ Ayuk, Executive Chairman, African Energy Chamber (https://EnergyChamber.org).

With energy majors and independent companies kicking off new projects in Gabon, Cameroon, Congo, Chad, and Equatorial Guinea, exciting things are happening for the oil and gas industry in the six-nation Central African Economic and Monetary Community (CEMAC). Particularly welcome news concerns Perenco, an Anglo-French company that recently spud a new appraisal well at the Hylia South West Field offshore Gabon. This field holds the potential for substantial oil reserves, estimated to be between 20 million and 100-plus million barrels.

However, the elephant in the room remains: Most of CEMAC’s potential remains untapped. Several factors have created a hostile business environment that hampers CEMAC’s ability to harness its abundant natural resources, raise its people’s standard of living, and participate more fully in the global community. As an example, Gabon and Chad have the 9th and 10th largest oil reserves in Africa, respectively, yet only 67% of Gabon’s population and 8% of Chad’s have access to electricity.

I would like to highlight one of the most frustrating — but easily solvable — barriers to CEMAC’s economic success: The Bank of Central Africa States’ (BEAC) absurd foreign exchange (FOREX) regulations. While said regulations were created with the best of intentions, they have ultimately cost the region countless jobs, foreign investment, and economic health.

Behind the FOREX Regulations

In 2019, BEAC (which governs monetary policy for the six CEMAC nations) took several measures to restrict the flow of foreign currency. The intention was to tackle the problems of low foreign exchange reserves, capital flight, money laundering, and terrorism funding. However, these regulations have only served to kill business in the region — particularly for the energy industry. Despite vehement opposition from local leaders and business owners, these rules stipulate that:

All routine transactions over USD 1,700 now require qualifying documentation and government approval.

This measure has skyrocketed the lead time for routine, legitimate money transfers.

“Businesses have complained of waiting months to get hold of hard currency and of being unable to import materials or pay suppliers,” says Celestin Tawamba, president of the Cameroon Employers group. “Slow money transfers mean there is a reticence, a climate of mistrust between operators and their foreign partners.”

Despite official claims that properly documented transfers clear within 48 hours, manufacturers in the Congo and the Central African Republic report that it can actually take two to three months. I invite every BEAC official who supported this particular measure to wait that long for their next paycheck.

Slow payments harm every industry, but the oil and gas sector is particularly vulnerable. Operators rely heavily on imports for equipment, spare parts, and goods to carry out daily operations. Delayed transactions aren’t just inconvenient — they can cause weeks-long delays and kill projects.  

Businesses must obtain specific government authorization to open a foreign bank account, or to domicile a foreign currency account in a CEMAC area.

Despite efforts to create a pan-African payment system, financial transactions are generally routed through a Western bank, converted into dollars or euros, and then converted again into the recipient’s preferred African currency. In 2017, only 12% of intra-African payments were cleared within the continent.

In other words, to function properly, modern African businesses must depend on foreign currency and foreign accounts. This particular BEAC rule essentially put hundreds of businesses on hold, dooming them to wade through red tape to conduct normal operations.

The Employers’ Group of Cameroon (Groupement Inter-Patronal du Cameroun or GICAM) reported that “71% of businesses considered this difficulty of access to foreign currency to be a major concern.” Because lead times and transaction costs have risen, importers “find it increasingly difficult to pay their foreign suppliers on time.”

These issues hit dollar-dominated industries even harder — particularly the energy sector, which relies heavily on foreign talent and a reliable supply chain. Gabriel Obiang Lima, former Minister of Mines and Hydrocarbons of Equatorial Guinea, called it a “disaster for oil and gas in the Gulf of Guinea” that has led to “dire” currency shortages and delayed transactions.

Similarly, Sonara, Cameroon’s national refinery, saw shortages directly due to “the scarcity of foreign currency and the blocking of its import operations by BEAC.” If a government-subsidized company can’t run properly under these circumstances, then the entire region is in trouble.

Export proceeds over 5 million FCFA (Central African Francs) must be repatriated within 150 days of the exportation date.

Like many oil and gas-producing states, the CEMAC region holds reserves of foreign currency to cover imports. In 2018, CEMAC’s reserves were sufficient to cover 2.7 months of imports — a far cry from the five months recommended by the IMF.

To increase foreign currency reserves, the FOREX regulations stipulate that exporters must return their proceeds to CEMAC nations, rather than storing them indefinitely in foreign accounts. While we understand the need to bolster foreign currency reserves, this ruling is not a viable long-term plan: It signals to foreign investors that they cannot turn a profit. We cannot convince energy majors to fund more exploration and development projects under such restrictions.

Lima put it most succinctly in 2019: “Companies are saying ‘I am not going to invest $2-$3 billion there if I cannot take it out.’”

Sadly, little has changed in that regard.

Ironically, foreign currency reserves fell in 2023, rather than remaining stable — the ruling has not even accomplished its short-term goal. BEAC director Abbas Mahamat Tolli blamed oil and gas operators for failing to repatriate foreign currency. Rather than pointing the finger, it might behoove Tolli to cultivate a better relationship with the oil and gas industry that provides 70-75% of CEMAC’s GDP.

International Reputation

In short, these FOREX regulations have created a hostile environment for foreign investors —  and the world has begun to notice.

The International Trade Administration makes scathing references to the FOREX rules in its descriptions of Cameroon, Chad, Gabon, and the Central African Republic, including:

“Almost all business transactions require senior-level government approval, making for a cumbersome process susceptible to political influence and corruption.”

“International companies continue to have difficulties collecting timely payment, and some companies in the oil sector have closed operations.”

Moving Forward

We urge BEAC to seek a reasonable compromise. CEMAC does need practical measures to maintain foreign currency reserves and combat capital flight, money laundering, and terrorism funding — but without costing the region thousands of jobs, local businesses, and the foreign investment that we badly need to unlock CEMAC’s potential. The fact that any operators continue to invest in CEMAC speaks volumes for our abundant natural resources and long-term potential: Let’s create an environment that attracts forward-thinking players rather than repelling them.

Distributed by APO Group on behalf of African Energy Chamber.

South Africa: Minister Lamola arrives in Harare ahead of the 44th Ordinary Southern African Development Community (SADC) Summit

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The Minister of International Relations and Cooperation, Mr Ronald Lamola, arrived in Harare, Republic of Zimbabwe, on 12 August 2024 to participate in the Meeting of the SADC Council of Ministers taking place ahead of the 44th Ordinary Summit of SADC Heads of State and Government.

The Summit will take place under the theme, Promoting Innovation to unlock opportunities for sustained economic growth and development towards an Industrialised SADC.

The meeting of the SADC Council of Ministers takes place from 13-14 August 2024.  A SADC Organ Troika Summit will also be held on 16 August 2024.

The Summit will provide an opportunity for SADC leaders to assess and review progress made in terms of the regions flagship integration agenda, the Regional Strategic Indicative Plan (RISDP) 2020-2030, as well as address matters relating to peace and security in the region.

During the Summit, the Republic of Zimbabwe will assume the Chairpersonship of SADC, taking over from the Republic of Angola, who chaired SADC since the previous Summit held in Luanda, Republic of Angola, in August 2023.

Distributed by APO Group on behalf of Republic of South Africa: Department of International Relations and Cooperation.

Angola: Authorities must release TikToker arbitrarily detained for one year

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Responding to the news that Angolan TikToker Ana da Silva Miguel, also known as Neth Nahara, has now spent one year behind bars for criticizing President João Lourenço in a TikTok video, Amnesty International’s Deputy Regional Director for East and Southern Africa, Vongai Chikwanda, said: 

“Angolan authorities must immediately release Ana da Silva Miguel, aka Neth Nahara, as she marks the first anniversary of her arrest. Neth Nahara should never have been locked up in the first place.

“Neth Nahara’s conviction of committing an ‘outrage against the state’ is absurd, while her sentence was extended from six months to two years after a flawed appeals process. The Angolan authorities are abusing the penal code to try to silence peaceful dissent. Indeed, Angola’s constitution explicitly protects free expression, which includes voicing political views on social media. 

“Authorities must also release four other people who have been arbitrarily detained for more than ten months solely for the peaceful exercise of their human rights to protest and expression.” 

BACKGROUND

On 13 August 2023, authorities arrested Neth Nahara in her home in Angola’s capital Luanda after she broadcast a live video on TikTok criticizing President Lourenço. 

The next day, Angola’s first stage court convicted her of an “outrage against the state, its symbols and bodies” under article 333 of Angola’s penal code. The court sentenced her to six months in prison and fined her one million Kwanza, or approximately 1,200 USD. 

On 27 September, Angola’s second stage court extended her sentence to two years on an appeal by the public prosecutor. The court did not allow Neth Nahara’s lawyers to counter-appeal as legally prescribed and has not responded to their complaint over the flawed process. 

During Neth Nahara’s imprisonment, authorities denied her daily HIV medication for eight months. 

Angolan authorities have repeatedly used article 333 of the penal code to justify arbitrary detention of critics. Four activists—Adolfo Campos, Hermenegildo Victor José AKA Gildo das Ruas, Abraão Pedro Santos AKA Pensador and Gilson Moreira AKA Tanaice Neutro—remain in prison after police apprehended them on 16 September 2023 after attempting to join a demonstration in Luanda. 

Distributed by APO Group on behalf of Amnesty International.

The Arab Bank for Economic Development in Africa (BADEA) President to Discuss Mobilizing Infrastructure Finance at MSGBC Oil, Gas & Power 2024

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The Arab Bank for Economic Development in Africa (BADEA) marked its 50th anniversary last month with the launch of the Arab-Africa Financial Consortium, which aims to enhance financial cooperation between the two regions. To further attract Arab capital and technical support to West Africa, BADEA President Sid Ould Tah will participate as a speaker at the MSGBC Oil, Gas&Power conference in Dakar this December. 

Based in Khartoum, BADEA has funded over 700 projects across 44 African nations, with total investments surpassing $6 billion. The bank’s lending strategy focuses on four key areas: infrastructure, agricultural value chains, private sector development and trade financing and support for SMEs. At MSGBC Oil, Gas&Power 2024, Ould Tah is expected to discuss strategies for de-risking and accelerating funding for infrastructure projects across the region, with a focus on Senegal.

Explore opportunities, foster partnerships and stay at the forefront of the MSGBC region’s oil, gas and power sector. Visit www.msgbcoilgasandpower.com to secure your participation at the MSGBC Oil, Gas&Power 2024 conference. To sponsor or participate as a delegate, please contact sales@energycapitalpower.com.

BADEA has established a strong presence in Senegal, managing one of the largest and most successful project portfolios within both ECOWAS and WAEMU. As of March 2023, BADEA’s commitments to Senegal totaled nearly $700 million, funding 95 initiatives. The bank has financed a variety of public sector projects, including 28 infrastructure developments that span transportation, water supply, sanitation, healthcare and urban and rural development. Notable projects include the Joal-Samba Dia-Djiffère road, the Linguère-Matam road and the drinking water supply system in the Saloum Delta region.

“Infrastructure is the backbone of energy development, enabling the effective and sustainable exploitation of natural resources for the benefit of local communities. BADEA plays a crucial role in not only mobilizing capital for critical infrastructure projects, but also connecting the MSGBC region with the broader Arab investment community,” said Sandra Jeque, Conference Director at Energy Capital&Power.

Distributed by APO Group on behalf of Energy Capital&Power.