Announcement : AEA Membership 2024

We are delighted to announce our membership in Association of European Attorneys to expand our practice and provide our clients with a worldwide assistance, advising and protection of their interests.

The AEA has offices in the majority of the independent countries of the world. We are the largest network of lawyers in the world in what relates to the number of offices and number of countries covered.

Created in 2004, the AEA is preparing to celebrate its 20th Anniversary in Budapest, Hungary, and we couldn't have found a better opportunity to be part of this great family.

The AEA has 1.027 offices in 150 countries with a total of around 12.000 Lawyers.

Data Privacy Day...

Every January 28th, since 2007, reminds us of the importance of protecting personal data in an increasingly digital world that may soon be relying on artificial intelligence.

We all know that digital efficiency relies on the sharing of personal data, being even one of the essential resources on which artificial intelligence is based and perfected.

Let's not forget, however, that although digital technology makes our lives easier in social, economic and political terms, our personal data can still be used against our interests, whether we are aware of it or not; hence the importance of this day.

Happy Privacy Day!

Eve of the 28th East Africa Law Society Annual Conference And General Meeting, 2023

Rohn Proctor recently took part in a program organized by ILFA (International Lawyers For Africa) and EALS Legal Excellence Academy, during which leading law firms such as Mayer Brown, Shonubi Musoke & Co. Advocates, Africa Legal Network's MMAKS, Al Tamimi & Company shared their valuable legal experience in relation to banking and mining finance.

We had an overview on African debentures, comparing the domestic practice, challenges and similarities in the East African Community, investment protection, data protection and banking privacy, and islamic finance under Principles of Shariah.

The program took place on the eve of the 28th East Africa Law Society Annual Conference and General Meeting held in Bujumbura, Burundi, on the theme: One Region, One People: The Role of the Law and the Legal Profession in Defining the Future of the East African Community. Needless to say that we have a lot of improvement to do but this is a place for Rohn Proctor to grow and be part of the change and the regional integration by joining forces with the pioneers already at work. We are glad to say that data protection and banking privacy’s already a reality in banking, which can be an insurance for investment in Burundi and Rohn Proctor is eager to assist with multi-faceted experience.

Invest in Burundi...

What’s up with the new law?

First of all, the Republic of Burundi reiterates its commitment by recognizing and guaranteeing the right of ownership of any investor without discrimination in terms of concession, administrative authorization, participation in public contracts, acquisition or rental of real estate. The Republic of Burundi also refrains from any nationalization and expropriation of investments made on its territory except in exceptional cases of public utility and subject to fair and prior legal and financial compensation.

So, what the facilities does the new law offer?

  1. Exemption from transfer duties in the event of acquisition of land or a building;
  2. Exemption from VTA and/or customs duties on the import of building materials, equipment and production inputs;
  3. Reduction of the tax rate on profits from 5 to 25% following the first five years of activity and beyond, its 30% for all projects.

And what are the requirements to be eligible?

  1. The project must concern the primary and industrial sectors, tourism, transport, technology, commercial complexes, etc.
  2. It must be a new investment project, extension project, rehabilitation, modernization of an existing project;
  3. The project must be an investment project of at least USD 500,000 for foreign investors and the equivalent in BIF for Burundian investors;
  4. The project must comply with the legislative and regulatory texts in force in Burundi, in particular those relating to the protection of the environment, labor and insurance.

What are the obligations of the investor and what are the penalties in case of breach?...

These are questions the new law also replied to. In any case, investment in Burundi had never known such simplification.

Get in touch with the firm for assistance in your investments.

Is the Revised Labor Code of 2020 still unfamiliar? See the big changes.

  • Unlike its 1993 predecessor, the new Code provides that the employment contract can only be in written form;
  • The timing is perfect for the new Code to institute a work from home contract given the pandemic;
  • Same rights and benefits for foreigner and regional employees from EAC as the national ones;
  • Indefinite duration employment contract is now the rule, when limited duration employment contract is the exception in some legal scenarios;
  • The new Code sets the difference between the defect in the dismissal procedure and the dismissal without real and serious reason. Even though the violation of the procedure gives right to damages, the termination of the contract is not deemed unlawful;
  • Constant courts decisions have inspired the new Code for the compensation for damage in the event of abusive termination of a fixed-term employment contract. The Code allow the wrong employee to request all the salaries he would have obtained if his contract had reached its term;
  • The new Code came up with an arithmetic formula for the unlawful dismissal of an employee. The Courts and the parties are not now allowed to provides their own and personal estimations;
  • The New Code allows the employer and the employee to agree in common of the conditions of termination of the employment contract that binds them. This termination agreement is exclusive of the dismissal or resignation;

All the ILO conventions, which Burundi has ratified, have been incorporated in the New Code;