Mauritius is not leaving anything behind as it begins a major clampdown on foreign funds flowing into the country. Here is the latest on the new tax reform initiated by the Mauritian government: The country’s financial services regulator Financial Services Commission (FSC) has said it would process all applications submitted to it for the purposes of determining whether a business is qualified to benefit from any tax treaties entered into between Mauritius and other countries within two months, provided the applicants fulfill all legislative obligations that include meeting know-your-customer (KYC), anti-money laundering, counter-terrorist financing, and substance requirements, among other things.
“FSC is emboldening its commitment to be a progressive and transparent regulator by fixing a shorter time frame for its own internal processes,” said Neha Malviya, director, Wilson Financial Services.
Mauritius has always been faulted for operating a tax haven economy where foreign companies flock to in order to avoid tax in their home countries. But all that is about to stop, at least to a larger percentage. Going forward, Mauritius foreign businesses coming into Mauritius would be required to comply with the new tax reform.
‘‘If the authorities find that it is not in Mauritius, then the entity is not a tax resident at all, and if it’s not a tax resident, then the treaty benefits it gets with other countries will not be available to it,”experts said.
Many of the business structures currently in place for international companies may be reviewed by Mauritius itself following the tax reform. Other existing structures will be forced to increase the substance requirements within Mauritius for them to continue getting the tax benefits.
“It is a significant change and the way they look at it will be different and may have new test to figure out whether these companies are complying with the new norms. It needs to figured out what are the tests they are going to lay out,” Suresh Swamy, Partner, PwC told Asian Age.
This change would hit hundreds of offshore funds operating out of the island nation and investing in their countries to take advantage of the double taxation treaties between their countries and Mauritius.
As An Example
A South African company may have its board of directors in Mauritius while it is managed from South Africa. In this case, the authorities could say the company is not eligible for tax residency. They will now look at the substance on the ground in Mauritius.
In many cases, the board meetings happen in Mauritius, directors are in Mauritius but the control and management are actually not in Mauritius. This would no longer be the case under the new arrangement.
The fallout of this move will be that many of the structures currently set up in Mauritius and claiming treaty benefits on the basis that they have tax residency certificates may now have to take a look at the structures again.
So, many of the Mauritius structures may get challenged in Mauritius itself and several existing structures will be forced to increase the substance requirements within Mauritius for them to continue getting the tax benefits, experts said.
In simple terms, the consequence of not being considered tax resident in Mauritius is that the company would not benefit from the numerous tax advantages that obtainable from running its business in Mauritius. So, it is not a case of claim benefit from Mauritius, but do business in your home country. You have to manage your business in Mauritius before you claim the benefits.
Mauritius is a tax treaty jurisdiction and has so far concluded more than 42 tax treaties which are in force with the countries listed above.
Charles Rapulu Udoh
Charles Rapulu Udoh is a Lagos-based Lawyer with special focus on Business Law, Intellectual Property Rights, Entertainment and Technology Law. He is also an award-winning writer. Working for notable organizations so far has exposed him to some of industry best practices in business, finance strategies, law, dispute resolution, and data analytics both in Nigeria and across the world.
Being in business is one, remaining in business is another. Startups who follow the one-dimensional approach to revenue generation may soon find themselves stuck halfway into the business. Of course, the revenue streams may remain stable in the first few years of the business, but in most cases, revenues from a particular line may just hit the rock bottom. To some extent, diversification may just be a way of relaunching and innovating.
How Big Is The Deal That Decades-Old Companies Are Choosing Diversification Strategy Instead?
Starbucks
Quite unexpected, Starbucks took to the media to announce it was no longer retaining coffee-making as its sole business driver, and for which it had been known for more than 43 years coffee. In addition to the coffee, the company had rolled out a chain of products from its brand-building strategy centered on portfolio diversification. The products featured juice, tea, baked goods, foods and more. One expert, Jason Moser, a senior analyst with Motley Fool One, a finance solutions advisory service, said the diversification was the best bargain Starbucks could ever get.
Moser said diversification is serving Starbucks well and has even brought the brand back to its former glory, undoing the financial troubles it faced less than a decade ago when Schultz stepped down from his position as CEO. At that time, the company’s strategy revolved heavily around growth at the unit level.
“There was a joke about Starbucks stores being opened in the bathrooms of Starbucks stores. It felt like at that point the growth story had played out,” Moser says. “What it took was getting Howard Schultz back on board to lead the way, focusing on trimming the fat of the operation, becoming more operationally sound, honing the supply chain, and diversifying the menu by offering more items.”
These positive financial trends span back across the past few years and coincide with the diversification strategy that allowed Starbucks to bounce back after the financial troubles it faced in the mid-to-late 2000s.
While diversification added extra pecks to Starbucks’ earnings, it furthered opened up the decades-old company for profitability.
Is Diversification for Startups Necessary?
Dj Vallauri is the Founder and CEO of Lodging Interactive, a New Jersey-based global digital marketing, and social media engagement agency, who ] first launched hospitality-focused digital marketing agency after spending nearly 25 years in the hotel sales and marketing business. The business became so successful that 90% of his revenue base came from one customer.
‘‘While it’s easier said than done, the idea “don’t put all your eggs in one basket” definitely holds true in business,’’ he said. ‘‘ It’s just too risky and too irresponsible for any entrepreneur to operate in this manner.’’
He narrated why he had taken the route of diversification.
‘‘Within just two weeks, I was fortunate enough to land a whale of a customer as my first client. This client was in growth mode and would take us with them every step of the way up. The business started small enough for us to handle and grew organically, as we also grew organically. Life was good then; this one customer generated nearly 90% of our revenue. But deep down, every time they gave us more business, I had a sinking feeling that the hole I was in was getting deeper with every new dollar this customer spent with us. The fear, of course, is that your one large customer files for bankruptcy and goes out — taking you out with them,’’ he said.
Ways Startups Can Diversify
New Products And Services Development
One way startups can diversify is by investing in product research and development. Doing so will open the possibilities of extra revenue generation for the startup.
‘‘Invest in research and development, and create new products and services that will present new revenue generation opportunities for your company. R&D is not just for large consumer brands; even small startups need to focus on this area. And no significant budgets are required; when you’re starting your business, you don’t have a lot of cash for R&D. Start by creating a SWOT analysis and a mind map to get you started in the thinking process,’’ Vallauri said.
Acquire New Customers
Acquiring new customers is the best way of steering away from a poorly performing business model. Asking questions on customer acquisitions for your startup is the best way of staying ahead of the game.
‘‘Be in constant sales mode. Increase all your sales efforts by 10 times,’’ Vallauri said. ‘‘Look at your fixed costs, such as your personnel. Can your company take on more business without having to hire new people? If the answer is yes, you’re halfway through your diversification efforts. You are already paying your team members to handle your current customer base, which is what I call the “sunk costs” of doing business. So if you can add more customers without having to add more people, this means you can aggressively price your services to win the business, thus giving you an edge towards your diversification process.’’
Vallauri said the more you can diversify your agency business, the better you would sleep.
‘‘My agency now has two operational divisions to ensure our business and revenue diversification. One division is dedicated to traditional digital marketing agency services and the other is dedicated to more emerging marketing practices related to reputation management and social media marketing. Should any one area of the business become commoditized, we have the ability to leverage our other service offerings. Today, my digital agency is fully diversified and can weather any storm. And as a result, I’m sleeping very well,’’ he said.
‘‘Never forget to preserve the core while stimulating evolutionary progress. Keep in mind that evolution involves both variation and selection….selection involves two set of key questions,’’ writes Jim Collins, author of Built To Last. ‘‘The first is simply pragmatic: does it work? But as important is the second question: Does it fit with our core ideology? The variation… must be useful new, useful and reliable…in order to stand a good chance of being selected.’’
Charles Rapulu Udoh
Charles Rapulu Udoh is a Lagos-based Lawyer with special focus on Business Law, Intellectual Property Rights, Entertainment and Technology Law. He is also an award-winning writer. Working for notable organizations so far has exposed him to some of industry best practices in business, finance strategies, law, dispute resolution, and data analytics both in Nigeria and across the world.
Fish accounts for more than one-fifth of the protein intake of African south of the Sahara and provides a livelihood to millions of people.
Africa’s small-scale fisheries play a critical role in global food security and must be supported with greater research and investment, say international and African experts. Industry, NGO, government and academic representatives attended Murdoch University’s second Blue Economy Symposium in Tunis last week as part of the Africa Blue Economy Forum (ABEF) 2019 and Murdoch University’s Third Commission, a research investigation focusing on issues of public concern to Africa. Fish accounts for more than one-fifth of the protein intake of African south of the Sahara and provides a livelihood to millions of people.
Murdoch University Adjunct Professor, Dr. Jeremy Prince, who attended the symposium and is contributing to the work the Third Commission in this area, said the collective value of the small scale fisheries of Africa was too big to ignore. “It is critical that we stabilize and rebuild these fisheries to ensure both food security and the future of the blue economy,” Dr. Prince said. “The time to act is now.”
Discussions at the Tunis symposium provided useful insights and contributions to the fine-tuning of the focus and narrative of the Blue Economy chapter of the Third Commission’s report. A strong emphasis was placed on the need to highlight clear and innovative actions to effect a lasting transformation of the blue economy in Africa. Participants in the symposium called on all nations and international institutions to recognize the value and economic impact of small-scale fisheries in Africa.
Their recommendations included increasing investment to allow fishing communities to be more involved in the co-management of fisheries; directly engaging with fishing communities to collect and share relevant data regarding the state and economic value of small-scale coastal fisheries.
In keeping with Murdoch University’s commitment to quality research and teaching in public policy at both the national and international levels, Murdoch Commissions are exercises in applied public policy informed by rigorous scholarly research and analytical thinking. They bring together senior practitioners, international experts and thought leaders from Australia and around the world to work on pressing problems and issues of public concern.
The first Murdoch Commission, “Western Australia and the evolving regional order: challenges and opportunities” published its final report in November 2013 and the second Murdoch Commission, “Food security, trade, and partnerships: Towards resilient regional food systems in Asia” released its report in December 2015.
Murdoch’s Third Commission commenced in June of 2018 and is focused on six themes firmly rooted in the agenda for action identified by the Africa Progress Panel (APP) as being in need of more significant research attention, bolder policy innovation, faster implementation on the ground, enhanced political leadership and the conceptualisation and roll out of innovative research solutions.
These themes are Promoting Equity in the Extractive Industries: Managing the Extractives Industry in a more equitable, transformative and sustainable; Boosting the Blue Economy: Better Monitoring, Governing and Harnessing of the Blue Economy; Promoting Sustainable Agriculture and Food Production: Enhancing Sustainable Farming and Food Production and Nutritional Security; Increasing Power and Light: Creating greater and more innovative access to Modern Energy (Electricity and Light) Fast; and Cross-cutting themes of Women & Youth and Climate Change.
An overarching focus of the Third Commission is identifying small scale policy interventions that have the potential to make big impacts. Additionally, it seeks to enhance Murdoch University’s links with Africa in areas of the university’s comparative advantage, including research and innovation expertise, strategic interest and networking capabilities within Australia, in Africa and globally. The Third Commission report is due to be published in 2020.
Kelechi Deca
Kelechi Deca has over two decades of media experience, he has traveled to over 77 countries reporting on multilateral development institutions, international business, trade, travels, culture, and diplomacy. He is also a petrol head with in-depth knowledge of automobiles and the auto industry.
Independent report reveals the economic impact of Africa’s top hotel conference
An independent assessment by the international tourism advisory expert, Martin Jansen van Vuuren, a partner at Futureneer Advisors, has quantified the significant economic benefits to host countries of the influential Africa Hotel Investment Forum (AHIF).
He reveals that when AHIF returns to Addis Ababa at the end of September, it could bring over one and a half million dollars in direct benefit to the local economy, an additional two million dollars in indirect benefit and over a quarter a million in tax to the Ethiopian host government if spending at the 2019 event is a mere 10% more than when it was held in the city in 2014. This assessment is based on recent research of attendees at AHIF and a study on the economic impact of previous editions of the conference.
Looking back over the history of AHIF since the first conference in Casablanca in 2011, the event has made a total impact on the local host economies of $21.24 million of which $8.64 million in direct and $12.6 is indirect. In doing so, it has helped to create or sustain over 6,000 jobs and generate $1.4m in tax to the governments of the host countries. But that’s not all, the primary purpose of AHIF is to facilitate dialogue and ultimately deal-making between the top businesspeople present.
Two surveys of delegates attending AHIF events between 2011 and 2018 (segmented by delegates that did or did not conclude a deal) indicated an average value of $12.2 million per transaction in 2018 and $4.6 million over the 8-year period. On the assumption that these findings, which were based on a sample of delegates, were representative of the whole group of attendees, AHIF facilitated around $2.8 billion of investment in the hospitality sector across Africa in 2018 and $6.2 billion between 2011 and 2018.
Martin Jansen van Vuuren, said: “One important measure of AHIF’s success is the high-level of the delegates it attracts – the attending CEO’s and MD’s do not only spend more than average by staying in the best hotels but much more importantly, they are people with the ability to make decisions, including whether or not to invest in a destination – and that’s reflected in the value of deals done.”
Martin’s report also highlights intangible benefits that flow from hosting AHIF. These include increased awareness of the destination’s conference and tourism offering, improved credentials, which will assist bidding for future events and employment opportunities and skills transfer for workers in local supplier companies.
Matthew Weihs, Managing Director of Bench Events, which organises AHIF, said: “It’s exciting and gratifying to see how much the conference adds to the destinations we visit and to the hospitality sector across Africa. At this year’s event, I am aware of more serious investors coming with more money behind them than ever before, so it feels to me that the hospitality industry in Africa is rapidly becoming more mature and sophisticated.”
Kelechi Deca
Kelechi Deca has over two decades of media experience, he has traveled to over 77 countries reporting on multilateral development institutions, international business, trade, travels, culture, and diplomacy. He is also a petrol head with in-depth knowledge of automobiles and the auto industry.
The African Development Bank Group said on Friday that two General Electric Co subsidiaries would be temporarily barred from bidding on power contracts as part of a settlement of misconduct cases.
The agreement bars GE Power units in Egypt and Germany from bidding for up to 76 months, the bank said. The units, former parts of Alstom that GE acquired in 2015, were found to have engaged in bribery and fraud in 2006 and 2011, the bank said.
“This conduct happened long before GE acquired Alstom’s power business and we cooperated fully with the investigation,” GE said in a statement. “Ethical behavior and compliance are foundational to GE’s ability to successfully operate in more than 180 markets around the world.”
Other development banks may also enforce the bans, the bank said. “We have no reason whatsoever to doubt that the Asian Development Bank, the European Bank for Reconstruction and Development, the Inter-American Development Bank and the World Bank Group will follow the African Development Bank’s lead,” Johann Benohr, a senior advisor to the director of the office of integrity and anti-corruption at the African Development Bank Group, said in an email to Reuters.
The barred entities are Alstom Egypt for Power Projects S.A.E., based in Cairo, and GE Power Systems GmbH, based in Mannheim, Germany, the bank said.
GE is trying to restore profits at its money-losing power business as the conglomerate slims down to three main product lines: power plants, jet engines, and wind turbines.
African Development Bank turns to a hedge fund to offset the risk
The pioneering deal comes as supranational face pressure to expand lending capacity
The African Development Bank is paying a New York hedge fund to take on some of the risks of losses on its loans in a pioneering deal which illustrates the growing financial sophistication of supranational institutions. The AfDB has bought insurance on a $1bn portfolio of loans from a group of investors led by Mariner Investment Group through a so-called synthetic securitization, in which the hedge fund does not acquire the assets but will take on $152m of default risk in exchange for returns in the low double digits.
Supranational organizations, which are backed by groups of nations and so enjoy the world’s highest credit ratings, are under pressure from the governments that fund them to seek new ways of bolstering their lending capacity. By turning to Wall Street to take on some of its lending risks, the AfDB has reduced the amount of capital it has to hold against the loans and thereby freed up more lending capacity. While this financing structure has already been used by banks — Mariner signed a similar deal last year with Crédit Agricole — it is the first time that a supranational development bank has engaged in this kind of financial engineering.
The deal will “super-charge our ability to invest in urgently needed projects across Africa”, according to AfDB president Akinwumi Adesina. “It leverages our financial resources so we can have more impact, and it creates new pathways that enable long-term investors to support Africa’s development while getting excellent financial returns.” In the decade since the financial crisis supranationals have significantly stepped up their capital markets activity, with their low cost of capital making them a cost-efficient way of financing development and infrastructure projects. However, they are still small by comparison to sovereign states’ finance-raising volumes — the assets of the world’s multilateral development banks are approximately equivalent to those of a medium-sized international investment bank.
Given governments’ reluctance to boost supranationals’ capitalization through additional financial contributions, the AfDB-Mariner deal has attracted political attention. Canada helped advise on its structure, the European Commission has insured a $100m tranche of the loans and Africa50, an investment platform backed by 27 African nations, also invested in the deal. Bill Morneau, Canadian minister of finance, said: “Attracting more private capital into global development efforts is critical to building economies that work for more and more people around the world. “That is why Canada and our G20 partners have been calling on multilateral development banks to use their existing resources as efficiently as possible and to look for new ways to attract more private capital.”
A report by thinktank ODI earlier this year concluded that synthetic securitizations were the best mechanism by which multilateral development banks could increase the amount of financial firepower they had available to lend. The AfDB’s deal covers approximately 40 loans to power, transport, finance and manufacturing projects across more than 15 African countries.
The bank has promised to lend the freed-up funds to projects which meet sustainable and social impact targets. The AfDB will take the first $20m of losses on the portfolio. Mariner portfolio manager Andrew Hohns said the deal “may well provide a template for unlocking significant private sector and impact capital into urgently needed projects in developing economies”. Mariner now hopes to sign similar deals with other multilateral institutions. Mizuho structured the transaction.
AfDB imposes debarments to restore integrity in project development.
March 25, 2019
Following years of investigation into alleged bribery and fraud, the African Development Bank (AfDB) and GE Power have reached a settlement on legacy Alstom misconduct.
The AfDB imposed debarments of 76 months and 12 months on former Alstom companies after it was found to have engaged in bribery and fraud in 2006 and 2011 in relation to two bank-financed Egyptian power generation projects. GE Power acquired the companies in 2015.
Last week, the bank announced a conclusion of a settlement agreement with GE Power, thus resolving sanctionable practices committed by former Alstom companies.
“Corrupt practices in the power generation sector directly undermine the African Development Bank’s operational priority to light up and power Africa. This can never be accepted by the Bank”, said Bubacarr Sankareh, manager of the investigations division within the Office of Integrity and Anti-Corruption.
Sankareh added: “We are very pleased that GE Power is joining us today in our efforts to fight corruption and to ensure the delivery of value for money to the bank’s regional member countries.”
Corrupt practices
An investigation conducted by the bank’s office of Integrity and Anti-Corruption established that in 2006 and 2011 the companies, then named Alstom Power Generation AG, Alstom Power GmbH, and Alstom Egypt for Power & Transport Projects, engaged in two instances of corrupt practices and in one instance of a fraudulent practice in the context of the bank-financed Suez Thermal Power Plant Project and the El Kureimat III Power Project, both in Egypt.
GE Power assumed control over these three companies in 2015 after the misconduct had occurred when it acquired Alstom’s thermal power generation business. As part of the settlement, the bank imposes on former Alstom Egypt for Power & Transport Projects S.A.E. (now known as Alstom Egypt for Power Projects S.A.E.), based in Cairo, Egypt, and on former Alstom Power Generation AG (now known as GE Power Systems GmbH), headquartered in Mannheim, Germany, a debarment of 76 months.
Debarment period
The debarment period may be reduced to 48 months if the companies comply with all conditions of the agreement early.
This debarment may be enforced by other multilateral development banks under the Agreement for Mutual Enforcement of Debarment Decisions, including the Asian Development Bank, the European Bank for Reconstruction and Development, the Inter-American Development Bank and the World Bank Group.
Further, pursuant to the settlement, former Alstom Power GmbH (now known as GE Power GmbH), equally based in Mannheim, Germany, is debarred for a period of 12 months.
Among other conditions for release from debarment, GE Power commits to collaborate with the Office of Integrity and Anti-Corruption in the fight against corruption in the power generation and transmission sector.
Tender processing
In 2006, Alstom Egypt for Power & Transport Projects S.A.E. and Alstom Power Generation AG participated in a tender for steam turbine generators in the context of the Bank-financed El Kureimat III Power Project.
The companies indirectly paid an amount of €963,477 to their local agent.
The Office of Integrity and Anti-Corruption has concluded that one purpose of the payment was to ensure the support of public officials involved in the procurement process in order to gain an unfair competitive advantage in the tender.
Further, the Office of Integrity and Anti-Corruption established that the companies had erroneously only declared €50,000 in fees paid to its local agent.
In 2011, Alstom Egypt for Power & Transport Projects S.A.E., Alstom Power GmbH, and Alstom Power Generation AG, by then renamed Alstom Power Systems GmbH, participated in a tender for a steam turbine generator and condensers for the Bank-financed Suez Thermal Power Plant.
In the context of this tender, the companies indirectly offered €1.7 million to their local agent.
The Office of Integrity and Anti-Corruption has concluded that one objective of the offer was to ensure that public officials would assert undue influence on the procurement process in favor of the companies’ bid.
In reaching this settlement, the African Development Bank took into account General Electric’s substantial cooperation with the investigation of the legacy cases as well as the high quality of the company’s comprehensive compliance programme, which now applies to the Alstom entities acquired by GE Power.
African Development Bank debars CHINT Electric for 36 months for fraudulent practices
The African Development Bank Group has announced the conclusion of a settlement agreement with CHINT Electric Co., Ltd., a power transmission and distribution equipment manufacturer and EPC contractor.
An investigation conducted by the Bank’s Office of Integrity and Anti-Corruption established that CHINT Electric engaged in a multitude of fraudulent practices: In bidding for contracts in the context of numerous Bank-financed power projects, the company misrepresented its experience with similar assignments in order to meet qualification requirements.
As part of the settlement, in consideration of the company’s cooperation with the investigation, the African Development Bank imposes a debarment on CHINT Electric for a period of three years, subject to the company enhancing its corporate compliance program within that period to the institution’s full satisfaction.
During the debarment period, the company is ineligible to be awarded contracts under any African Development Bank-financed project or to be a subcontractor, consultant, supplier, or service provider of an otherwise eligible firm in the context of a Bank-financed project.
The debarment qualifies for cross-debarment by other multilateral development banks under the Agreement for Mutual Enforcement of Debarment Decisions, including the Asian Development Bank, the European Bank for Reconstruction and Development, the Inter-American Development Bank and the World Bank Group.
The African Development Bank will verify the adequacy of CHINT Electric’s compliance framework and the robustness of its implementation prior to any release decision. In addition, CHINT Electric commits to cooperate with the Office of Integrity and Anti-Corruption in its investigations of unrelated cases of misconduct in African Development Bank-financed projects.
The period of debarment may be reduced to 24 months if CHINT Electric complies with all conditions of the agreement early.
“Procurement under the Bank’s rules aims at ensuring optimal value for money for the Bank’s Regional Member Countries,” said Bubacarr Sankareh, Acting Director of the Office of Integrity and Anti-Corruption of the African Development Bank. “The misrepresentation of a bidder’s qualifications materially undermines this objective and is therefore taken very seriously by the institution.”
Between 2012 and 2017, CHINT Electric participated in the tenders for: the supply of 132-kV and 66-kV substation equipment for the Mendi substation and others in the context of the Bank-financed Rural Electrification II Project in Ethiopia, the supply of substation equipment in the context of the Bank-financed Emergency Power Infrastructure Rehabilitation Project in Zimbabwe; the design and supply of 132-kV equipment for the Yabello and Buee substations in the context of the African Development Bank-financed Rural Electrification II Project in Ethiopia.
It also participated in the design and supply of a total of four substations at Iringa, Dodoma, Singida and Shinyanga in the context of the Bank-financed Electricity Transmission System Improvement Project in Tanzania; the transmission rehabilitation of the Marvel and Chertsey substations equipment in the context of the African Development Bank-financed Emergency Power Infrastructure Rehabilitation Project – Phase II in Zimbabwe; works and equipment for the Prince Edward Dam substation and others in the context of the Bank-financed Emergency Power Infrastructure Rehabilitation Project – Phase II in Zimbabwe; and the transmission rehabilitation of the Sherwood and Orange substations in the context of the African Development Bank-financed Emergency Power Infrastructure Rehabilitation Project – Phase II in Zimbabwe.
In the context of the above tenders, CHINT Electric misrepresented the technical specifications, the value, the execution period and/or the degree of completion of contracts used as credentials in order to qualify for the tenders.
Kelechi Deca
Kelechi Deca has over two decades of media experience, he has traveled to over 77 countries reporting on multilateral development institutions, international business, trade, travels, culture, and diplomacy. He is also a petrol head with in-depth knowledge of automobiles and the auto industry.
AT least, four African countries are in the race to host the secretariat of the African Continental Free Trade Area (AfCFTA) scheduled to formally take off in July 2019. The countries are Egypt, Kenya, Ghana, and Senegal. It is understood that the AU Commission has set up a panel to evaluate the preparedness of each of the countries applying to host the secretariat.
However, Egypt’s chance of getting the nod of other member states to host the secretariat appears narrow. Egypt’s head of state, President Abdel Fatah al-Sisi, is the current AU chair. Moreover, Egypt is also the host country of the African Export and Import Bank (Afreximbank).
In the same vein, hosting the secretariat may elude Ghana since Cote d’Ivoire, a neighboring West African country, is the host of the African Developing Bank (AfDB). It might be viewed as concentrating Africa’s major economic institution in one region of the continent. For now, the odds appear to favor Kenya, an East African country. It is one of the first batches of countries to ratify the free trade agreement.
Kelechi Deca
Kelechi Deca has over two decades of media experience, he has traveled to over 77 countries reporting on multilateral development institutions, international business, trade, travels, culture, and diplomacy. He is also a petrol head with in-depth knowledge of automobiles and the auto industry.
One of Africa’s youngest billionaire businessmen, the 39-year-old founder of Springfield Energy, Kevin Okyere will be honored with the Entrepreneurship Award at the FACE List Awards gala during the 2019 Pan-African Weekend in New York City July 18-21st. At the age of 11, Kevin Okyere was already showing interest in entrepreneurship as he sold iced water to football supporters at the Kumasi Sports Stadium in Ghana to make extra cash. This surprised many considering he was from a wealthy home.
Born in 1980, Okyere completed his high school education in Ghana before moving to the United States where he studied Accounting at the George Mason University in Virginia while doing varying jobs including working as a security guard. Coming from the Ashanti region of Ghana, his father had made enough fortune in construction, steel manufacturing, and large-scale cocoa farming before becoming a traditional belief.
Yet, Okyere, with his entrepreneurial spirit, would take on jobs with textile companies in the U.K. during his family’s annual summer vacation trips to London, according to an article on Forbes. He would later, become the founder and Chief Executive Officer of the billion-dollar oil company, Springfield Group, a successful energy conglomerate in West Africa that he established and has managed for over 10 years.
Okyere has been able to build the Springfield Group from a $70 million investment into a $1 billion (annual revenue) multifaceted Ghanaian oil giant, according to Forbes. An entrepreneur, Kevin uses his razor-sharp skills in business strategy, finance and negotiations to envision and execute high-end commercial and developmental projects. Kevin is widely recognized by his peers, and local and international media as one of the pioneers in Africa’s energy sector.
In 2008, Kevin established Springfield Energy, one of the leading energy actors in Ghana who over a period of five (5) years, has supplied 12.5% of Ghana’s petroleum products requirement. The Company has also supplied hydrocarbons into other countries along the Gulf of Guinea. The Company is the first Ghanaian Independent Firm to lift crude oil from the TEN field (Ghana).
Kevin established Springfield Ashburton Limited in Nigeria, the only indigenous Ghanaian company to be involved in energy-related trade out of Nigeria. Kevin is the driving force behind Springfield Exploration & Production Ltd, the first wholly owned independent Ghanaian firm to own and operate a deep offshore oil block in Ghana. As a matter of fact, Springfield E&P is the only African company to own and operate a deep offshore asset.
Previously, Kevin operated a telecommunications company in Ghana after leaving a thriving career in the Accounting and Finance sector in the USA. He sits on the board of numerous companies including Aker Solutions Ghana Limited, a joint venture between Fairfax Oilfield Services Limited, a Springfield Group Company, and Aker Solutions of Norway, a leading global provider of oil field services. He also holds a highly influential position as a board member of the Society of Petroleum Engineers (Ghana Section).
Kevin is also a passionate leader and public speaker. He has engaged with business leaders, entrepreneurs, and students at Harvard Business School and the University of Ghana Business School on the topics of energy, governance, and entrepreneurship in Africa.
He is an esteemed philanthropist, establishing alongside the Springfield Foundation, the Kevin Okyere Foundation, an entity that delivers impactful initiatives in health and education.
The FACE List Awards are a prestigious celebration of pan-African achievement that honor the black diaspora’s most influential pioneers and trailblazers, while providing an opportunity for the business community to connect and celebrate our success stories.
Kelechi Deca
Kelechi Deca has over two decades of media experience, he has traveled to over 77 countries reporting on multilateral development institutions, international business, trade, travels, culture, and diplomacy. He is also a petrol head with in-depth knowledge of automobiles and the auto industry.
Professor Steve Ugbah is Nigeria’s Ambassador to Russia and also holds a concurrent accreditation to the Republic of Belarus. In this interview, he speaks on the importance of Russia’s renewed engagement with Africa; Nigeria’s place in East-West geopolitical rivalry and benefit of AfCFTA in deepening trade ties within Africa among other issues. Excerpts:
How would you describe Nigerian-Russian relationship?
Nigeria-Russia relationship has improved in recent times. We are strengthening the relationship because for a long time it grew cold as we had no substantive ambassador to Russia for four years prior to my appointment. We are now trying to rebuild confidence and trust in each other and take the relationship seriously. So, the relationship is cordial and we are strengthening our bilateral ties.
How is Russia responding to this renewed engagement?
The response has been positive and we have held high-level meetings which are intended to signal to Russia the extent to which we value this relationship. It is a gradual process of rebuilding confidence and I am sure that soon, we would have attained 80 percent of our goal of confidence-building and reaping strategic benefits in the process. Russia is a very important country not just for Nigeria but also for Africa. The extent to which Russia and Nigeria and to a larger extent, Africa can strengthen its relationship, it will be mutually beneficial.
So, I am optimistic this rapprochement will mature and be of benefit to Africa in all facet of our relationship whether economic, cultural, or educational. Russia has been generous to Nigerians especially in the areas of cultural exchanges and scholarships for students. So, my hope is that these activities that are mutually beneficial will continue.
Which other opportunities are there for Africans to tap from Russia?
Russia is a superpower and Africa can benefit most certainly from its firepower and its experience in security. Russia has an abundance of minerals just like most African countries and it has been able to exploit its natural resources more efficiently and I believe we can learn from them. It also has the largest landmass on earth and they have been able to manage their diversity very well and this is what Africa can also benefit from. Of course, Russia’s comparative advantage is in hydrocarbons and this is what we can benefit from. So, there is a lot we can benefit from Russia even in the areas of agriculture, space technology, ICT and many others. So, Russia is well endowed and I believe Nigeria and Africa have a lot to benefit from the country.
In this era of intense geopolitical rivalry and great power competition, how do you think Nigeria can juggle its relationships with these powers?
Nigeria is a non-aligned country and I don’t think that will change its political posture as far as international politics is concerned. So we are not aligned to any geopolitical bloc. We are strictly guided by our interests and we go where we see opportunities. Nigeria has done business with the West, it is doing business with China and we are hoping to increase our level of contact with Russia and the former Soviet states, the Commonwealth of Independent States (CIS). So it is not necessarily about aligning with any bloc but it is about pursuing your interests aggressively as you can and going wherever your interest can be protected. So my hope is that both the East and the West will woo Nigeria and that will place us at an advantageous position. So it is about going to where your interests are protected and taking advantage of opportunities.
Given Russia’s renewed engagement with Africa and the African Continental Free Trade Area (AfCFTA) that came into force recently, how can Africa maximize the opportunities to boost trade ties with Russia?
It is a good thing that Russia is now waking up to Africa and is interested in exploring opportunities in the continent. That is why the Afreximbank annual meeting here in Russia and the heads of government meeting between Russia and Africa in Sochi, Russia come October are auspicious moments to deepen trade ties. Given that Russia is a continent-sized country, deepening trade ties will improve two-way trade between Russia and Africa.
In fact, I just returned from Nigeria with a Russian trade delegation of 13 companies that are looking for opportunities. We have partnered with Chambers of commerce in Lagos and Abuja while also taking advantage of the Russia-Nigeria Business Council here in Moscow. So I see a bright future for Russia-Africa relationship especially now that Africa is better placed to reap benefits from trade relationships within and outside the continent given the AfCFTA that will take of soon. This, will no doubt, fast track integration within the continent while boosting intra-African trade. Although protectionism is rising the AfCFTA I believe if well leveraged is a framework that will help solve some perennial problems faced by Africa such as unemployment and poverty.
Kelechi Deca
Kelechi Deca has over two decades of media experience, he has traveled to over 77 countries reporting on multilateral development institutions, international business, trade, travels, culture, and diplomacy. He is also a petrol head with in-depth knowledge of automobiles and the auto industry.
Which Organisations are Considered Charity In South Africa?
For South African businesses, charity organizations are registerable as Non-Profit Organisations (NPOs). NPOs in South Africa are governed by the Non-Profit Organisations Act (NPO Act).
The Act defines an NPO as either a trust, company or other association of people established to serve a public purpose — essentially, those in need.
However, the South African Revenue Service (SARS) usually urges NPOs to register as Public Benefit Organisations (PBOs) in terms of Section 30 of the Income Tax Act (ITA). Doing so will enable them to apply for the relevant tax exemptions afforded in terms of Section 18A of the Income Tax Act of South Africa, where required.
The Implication of Donating To Registered PBOs
For startups donating to registered PBOs in South Africa, they can claim tax deductions up to certain limits as long as the donations meet the expectations of Section 18A of the Income Tax Act, which may include evidence of a Section 18A certificate given to the donor.
A donation is valid if it is made in good faith, and is a voluntary, gratuitous gift given out of generosity, without reciprocal obligations or personal benefit for the donor. The donor may also not impose conditions that could enable them to derive some direct or indirect benefit from the donation.
The deductible portion of the donation is capped at 10% of the taxable income of the donor. That is, for each tax season, only 10% allowance on donation can be claimed as deductible tax.
Excess donation may be rolled over as a deductible donation in the subsequent year of tax assessment, with donor companies,
Consequently, donations and bequests made to registered PBOs are also not subject to donations tax and/or estate duty.
Similarly, assets donated or bequeathed to registered PBOs aren’t subject to capital gains tax.
Registered PBOs, themselves are exempt from income tax — certain receipts and accruals from trading or activities carried out by a PBO may, however, be taxable.
Running A PBO Itself Attracts Tax Incentives
Non-Profit Companies
For non-profit companies — governed by the Companies Act — in South Africa (PBO, etc), they may have all the benefits of juristic personality, which may include the protection of directors from personal liability.
However, since there is a total prohibition on the declaration of dividends in a not-for-profit company, shareholders will not receive any form of dividends.
A disadvantage of setting up this form of PBO, however, is that it’s administratively intensive, hence may attract higher costs
This is who is paying tax in South Africa. In terms of revenue sources, personal income tax accounts for 38% of revenue, with value-added tax making up 25%. Companies tax accounts for 18%,
Non-Profit Trusts
Non-profit trusts — governed by the Trust Property Control Act — in South Africa can only apply for tax benefits if it complies with the relevant requirements of the ITA.
Trusts in South Africa are governed under the Trust Properties Control Act and common law. A trust can be established for private benefit or for a charitable purpose. To determine whether a trust qualifies as a charitable trust under South African law, a grantmaker must look to the trust deed.
A trust is created when a property is transferred by a trust deed. The trust then manages the property for the benefit of others or for the achievement of a particular goal.
The most significant advantage of a non-profit trust is its flexible structure — it can be used for a variety of purposes.
Another benefit of a non-profit trust is that its formation requirements and ongoing obligations are less onerous than those of a non-profit company, and it may be less costly to run.
A disadvantage is that a non-profit trust doesn’t have a separate legal personality. Trustees may, therefore, be protected from personal liability only to a limited extent.
What It Takes To Approve Tax Benefits for Public Benefit Organisations
To qualify for approval to benefit from tax deductions, the PBO has to undertake and support particular public benefit activities, including stipulated welfare and humanitarian; healthcare; land and housing; education and development; religion, belief, and philosophy; cultural; conservation, environment, and animal welfare; research; and sports activities.
These tax benefits are available to any individual or company making a bona fide donation to a registered PBO.
Bottom Line
For smart startups with the right tax strategies, this is one way of becoming some percent more profitable if properly utilized.
Charles Rapulu Udoh
Charles Rapulu Udoh is a Lagos-based Lawyer with special focus on Business Law, Intellectual Property Rights, Entertainment and Technology Law. He is also an award-winning writer. Working for notable organizations so far has exposed him to some of industry best practices in business, finance strategies, law, dispute resolution, and data analytics both in Nigeria and across the world.
Don’t expect China to throw in the towel yet in Africa, despite the huge bad debt it has incurred so far on the continent. A new fund which is targeted directly at businesses in Africa has been launched on the sidelines of the World Economic Forum (WEF) meeting, currently underway in Dalian, China. The fund is code-named Belt and Road Africa Fund.
For Whom Is The Fund Meant?
The key focus of the funds would be investments in infrastructure, technology, e-Commerce, artificial intelligence (AI) and the beneficiation of the resource industry in Africa.
“The discussions that we’ve had with Chinese businesspeople, state-owned enterprises and family offices, have resulted in the establishment of this fund,’’ says Sekunjalo chairperson Dr Iqbal Survé, head of the fund said. ‘‘Africa is ready to grow and is heading towards a $5 trillion economy. The Chinese have seen how China was able to grow from 1980 when China made up only 2 percent of the global gross domestic product (GDP) when compared to today, where China makes up 19 percent of the global GDP. This fund is a great boost for the development of Africa.’’
Contributors to the fund were not the Chinese government as has been the case, but several Chinese family offices and business people, who are expected to capitalize the fund with a billion dollars.
The fund, according to Surve, will serve as a bridge between African and Chinese businesses, thus strengthening, particularly, the co-operation between business sectors in China and Africa. In order words, the Belt and Road Africa Fund would be between African businesses and Chinese businesses.
2018: Locational distribution of Chinese investment in Africa
How African Businesses Can Be Part of The Fund
Once the Belt and Road Africa Business Council (which is the body that oversees the fund) headed by Surve is launched in September 2019, African businesses would start benefiting from the fund.
A targeted business should be in the:
infrastructure
technology
e-Commerce
artificial intelligence (AI)
the beneficiation of the resource industry sectors.
The Belt and Road Africa Business Council are targeting a membership of at least 1000 Chinese and African companies.
Dr. Survé said the fund will announce the format of these investments, at the launch in September.
The Belt and Road Initiative, as outlined by Chinese President Xi Jinping, is one of the most important developments of China and its contribution to the global economy.
2018: Sectoral distribution of Chinese investment in Africa
Launched in 2014, One Belt One Road, presented internationally as the Belt and Road Initiative, is China’s signature vision for reshaping its global engagements. It hopes to achieve the Communist Party of China’s (CPC’s) twin objectives of achieving national rejuvenation and the task of making China the largest and the most powerful country on earth.
The Belt and Road Initiative now spans three continents and touches 60 percent of the world’s population. The 65 or so countries that have so far signed on to the program (including approximately 20 from Africa) account for 30 percent of the world’s GDP and 75 percent of its energy reserves.
Some 50 Chinese state-owned companies are implementing 1,700 infrastructure projects around the world worth about $900 billion. One Belt One Road (OBOR) has been written into the state and ruling party constitutions as strategic priorities for China to attain Great Power status by the middle of the 21st century. All of China’s leaders have advanced this quest since the founding of the People’s Republic of China, but the pursuit has accelerated under President Xi Jinping.
The Silk Road Economic Belt establishes six land corridors connecting China’s interior to Central Asia and Europe. It includes railroads to Europe, oil and gas pipelines from the Caspian Sea to China, and a high-speed train network connecting Southeast Asia to China’s eastern seaboard.
The Maritime Silk Road establishes three “blue economic passages” knitted together through a chain of seaports from the South China Sea to Africa that also direct trade to and from China.
The end state of One Belt One Road is the building of a new global system of alternative economic, political, and security “interdependencies” with China at the center.
One Belt One Road also increases Beijing’s control of critical global supply chains and its ability to redirect the flow of international trade. Central to these efforts are moves to open new sea lines of communication and expand China’s strategic port access around the world. In 2017, Chinese state-owned companies announced plans to buy or secure majority stakes in nine overseas ports, all located in regions where China plans to develop new sea lanes. This is in addition to the 40 ports in Africa, Asia, and Europe in which Chinese state-owned firms hold stakes worth a combined $40 billion.
Charles Rapulu Udoh
Charles Rapulu Udoh is a Lagos-based Lawyer with special focus on Business Law, Intellectual Property Rights, Entertainment and Technology Law. He is also an award-winning writer. Working for notable organizations so far has exposed him to some of industry best practices in business, finance strategies, law, dispute resolution, and data analytics both in Nigeria and across the world.
