Wednesday 24 August 2016

In conversation with… Edward George – Lexology (registration)

Hogan Lovells’ Africa Practice presents the ‘In Conversation’ collection – a set of interviews with main business and legal specialists to share their views and experiences of working in Africa and the consequences of worldwide occasions on African markets and companies.

Our preliminary posts will concentrate on Brexit and its influence on Africa. This week, we ask Edward George (Head of Research at Ecobank, the pan-African banking conglomerate, with operations in 36 African nations) for his ideas.

1. Overall is there a cloth influence on Africa from Brexit brief and long run?

The EU is a vital commerce, diplomatic, financial, funding and help companion for Africa so the cut up of the UK from the EU may have big repercussions inside the continent.

In the brief time period, we’ll see volatility with respect to inflows of remittances, overseas direct funding (“FDI“) (there’s more likely to be a drop from each the UK and different European nations), African currencies (the greenback is constant to strengthen) and funding outlook. The majority of commerce offers are successfully on maintain as Africa waits for some readability relating to Brexit and within the medium to long run this might delay any sort of financial integration in Africa.

In phrases of foreign money, the nations within the Communauté Financière Afrique (“CFA Franc Zone“) will endure the most important influence. These nations have benefited from the Euro peg which has helped them to take care of a secure foreign money, stored inflation low, and helped these nations to boost debt (as a result of for those who increase debt in CFA francs then you’re successfully elevating it in Euros, as a result of Francs are pegged to the Euro and the peg is assured by the French Treasury). However, the weakening of the Euro and uncertainty concerning the Eurozone, all of which has been exacerbated by Brexit, might convey higher volatility to the CFA Franc Zone.

2. What are probably the most vital impacts in your view?

Although foreign money volatility in Africa has eased during the last 18 months, some currencies proceed to wrestle (for instance, the Nigerian Naira, the Angolan Kwanza and the Zambian Kwacha). Some currencies are additionally struggling as a result of the nationwide authorities has fallen out of favor with the worldwide group. Malawi and Mozambique, whose governments are having a serious conflict with donors and Development Finance Institutions (“DFIs“), are two key examples.

In my view, the most important impression of Brexit on Africa is the waning of commerce and funding brought on by the uncertainty over the Brexit negotiations. This uncertainty signifies that many funding selections shall be deferred and this has a trickle-down impact in each course. European companies will need to assess their core companies in Europe earlier than investing in Africa. For African exporters, there’s going to be a drop in demand within the UK and there’s more likely to be an analogous drop within the EU too due to slowing financial progress. All of it will occur while Africa isn’t on the agenda of anybody who’s making an attempt to work out on what phrases the UK will withdraw from the EU. The impression of this decline in funding, FDI, commerce flows and demand is a sluggish discount of commerce flows between Africa and the EU.

three. How can African nations and companies start to place themselves to mitigate any hostile results of Brexit and the way can African nations maximize any alternatives introduced by Brexit?

In one sense, African nations can put strain on the UK by pushing again on commerce agreements till a level of certainty is established. We have already seen makes an attempt at this as regards to Economic Partnership Agreements (“EPAs“). The few which were signed include a number of caveats. The EPA for the East African Community (the “EAC“) was additionally because of signal final month however Tanzania and Uganda are each refusing to signal due to the uncertainty created by Brexit.

four. How will Brexit outline future engagement between African nations and the EU/UK particularly within the context of commerce agreements?

There has been plenty of criticism of EPAs as they don’t help the industrialization of Africa and are structured in a means that permits Western corporations to dominate African economies. With Brexit, the UK has a chance to take a special strategy and negotiate commerce offers which are within the pursuits of each events. It may be worthwhile to concentrate on a couple of key areas of curiosity and conclude particular offers in a approach that exploits one of the best of British openness and innovation and African ingenuity and information of native markets and shoppers.

5. Will different nations outdoors the EU have the opportunity and/or prepared to reinforce their position in Africa?

Yes certainly, however I do not assume that that is something to do with Brexit. China will proceed to be necessary (they’re at present the most important single off-taker of African items, while the EU as a area is the most important single commerce associate). China invests extra in Africa than the mixture of funds invested by DFIs such because the World Bank and the African Development Bank. There are large commerce flows already between India and Africa however I anticipate that there will probably be extra funding in manufacturing, logistics and distribution. There can also be a whole lot of urge for food from Asia, notably Japanese and Korean Banks, however as they have no idea African markets nicely we have now seen them train some warning. Another nation which I hope will present an elevated curiosity in Africa is the USA. The USA’s commerce flows with Africa have stagnated over the previous decade, steadily decreasing the nation’s significance as a commerce associate.

6. Which industries do you see as probably the most weak to the modifications which are more likely to happen within the wake of Brexit?

Anything to do with export and import, notably the horticulture business (Kenyan minimize flowers, greens and so on.) is beneath menace as these companies have been largely arrange on the understanding that African nations corresponding to Kenya, Tanzania and Ethiopia might export these items tariff free to the EU. This is now in query.

One of the best successes in Africa is Fintech/disruptive know-how, and lots of of those successes have a British origin. Take M-Pesa, which was developed by Vodafone UK utilizing £1 million from DFID in a tech hub in Cambridge, and which is now probably the most profitable cellular cash switch system in historical past. The man who created M-Pesa subsequently established M-Kopa (which distributes energy by means of particular person photo voltaic models), and its closest competitor, Azuri Technologies, is presently in the identical constructing during which M-Pesa was created. I do not foresee any setbacks for Fintech from Brexit. Rather I feel funding in these corporations is more likely to decide up, notably within the disruptive fields of block chain, bitcoin and drones.

7. Many have seen the UK as an essential voice for Africa inside the EU. Do you assume that the EU is more likely to undertake extra protectionist measures as soon as the UK withdraws its membership from the Union, for instance in agriculture? Do you see some other nations inside the EU assuming this voice as soon as the UK has left the EU?

The CFA Franc Zone is intently linked to the French state. The area’s widespread shared legal construction, the Organization for the Harmonization of Business Law in Africa (“OHADA“), is predicated on Napoleonic law, they use the French language they usually use a single foreign money assured by the French Treasury. France additionally presents army help to most nations within the zone, notably Mali. As such, following Brexit it’s logical that the French might be main the EU’s engagement in Africa. It is probably going that there might be a realignment of EU coverage in the direction of Africa and I feel that we might see two separate Africa insurance policies develop. The UK is the most important contributor to EU assist packages and EU improvement packages. I feel that British coverage in the direction of Africa in a post-Brexit surroundings could possibly be very favorable in the direction of the Commonwealth and Anglophone nations whereas EU coverage is more likely to be targeted on Francophone nations. This is a disgrace as a result of with out the UK, the EU is more likely to downgrade its relationship with Africa’s two largest (Anglophone) economies, Nigeria and South Africa.

A extra basic concern is that the EU will lose British affect which has acted as a handbrake on the EU’s extra extreme, protectionist or overly socialist regulation (and a few nations have been grateful for this). It’s troublesome to foretell what the EU will appear to be with out the UK offering this affect, however it’s more likely to be extra protectionist.

eight. There has been a larger transfer in the direction of interdependence (e.g. the institution of regional-financial communities such because the EAC and the Economic Community of West African States (“ECOWAS”)) and, in some methods, the EU has been a benchmark towards which these unions can mannequin and measure themselves. Is regional integration to be affected by Brexit? We lately noticed the launch of the all-Africa Passport, for instance, which can be seen by some to be a step in the suitable course.

I feel that the launch of the all-Africa Passport (a single widespread passport that grants holders visa-free entry to the member states of the African Union) is just like plans to have a pan-African foreign money – it’s a very good concept however virtually, it’s arduous to see how will probably be carried out. With the all-Africa Passport, I anticipate that some nations will acknowledge it and can strike offers between themselves to mirror this. It is at present straightforward to journey inside sure areas (for instance, the EAC or ECOWAS). However, the concept this can prolong all through the entire of Africa is troublesome to think about, particularly as there are considerations inside Africa about controlling migration flows.

I feel that there shall be reluctance amongst African nations to combine additional due to the uncertainty surrounding commerce relations brought on by Brexit. I feel the prevailing regional financial groupings are smart and African nations ought to proceed to combine these earlier than they start to think about linking with different areas. The CFA Franc Zone is properly built-in however many West African nations aren’t built-in in any respect in follow. The EAC additionally has pretty good integration however they’ve simply accepted South Sudan as a member, which is in the midst of a civil struggle so it stays to be seen the way it will combine into the EAC. Additionally, the South African Development Community (“SADC“) stays dominated by South Africa. I might not anticipate any nation to secede at this time limit. It shouldn’t be in anybody’s curiosity to do that.

I do assume that Brexit might sluggish the method of linking the Eastern aspect of Africa (i.e. SADC, the EAC and the Common Market for Eastern and Southern Africa (“COMESA“)) to create a single free commerce zone.

In phrases of the consequences that Brexit may have on nationalism in Africa, I don’t see that there’s a direct hyperlink. The challenge of Brexit is a singular case. Britain is central to international markets and British enterprise could be very influential globally. The solely comparable comparability I might see can be if California needed to secede from the US (as I feel that California, by itself, is the sixth largest financial system on the earth). However, I do assume that Brexit might encourage higher nationalist sentiment in Europe, the place there was speak of Frexit or Frack Off, Italeave and Germalone!

9. What impression will Brexit have on help into Africa?

I don’t assume that general help will essentially scale back to Africa however the best way by which help flows into Africa will certainly change. The UK is the one developed nation on the planet which has met its personal targets for assist (zero.7% of its gross nationwide revenue) and the UK has pursued this goal fairly aggressively. Post-Brexit, I can see British help rising in Africa for sure nations, notably the main Anglophone ones. There might, nevertheless, be a discount in combination help flowing from Europe to Africa as a result of Britain is the most important contributor to the help price range in Europe.

10. What classes can Africa study, if any, from Brexit?

Democracy typically throws up very awkward, inconvenient and troublesome outcomes however they don’t seem to be essentially improper. It is true that the Brexit vote was shut however to recommend that the four% margin of distinction (which represents 1.6 million individuals) is completely made up of people that have been uninformed or didn’t know what they have been doing isn’t held up by the details. I feel that in the long run Brexit might be good for each the UK and the EU, offered it’s negotiated successfully.

African nations might watch this example intently and in addition study from the best way through which the UK has reacted to a state of affairs that it didn’t anticipate. I feel that the brand new authorities up to now has dealt with the state of affairs very properly, appointing groups to organize the UK’s place and holding off on invoking Article 50 till the UK is prepared. But there’s a lengthy street forward and nobody is aware of how it will end up: for the UK, the EU and Africa.

This was initially revealed on The A-Perspective weblog, Hogan Lovells evaluation of the recent subjects and key points affecting African affairs.


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