our Expertise
Our Focus Areas:
Energy
Power
Corporate & Commercial
Regulatory Compliance
Natural Resources
Dispute Resolution
Mining and Metals
Mergers & Acquisitions
Legal & Regulatory Compliance
Infrastructure & Commercial Transactions
Corporate Legal Services
Telecommunications
Labour & Employment
Renewables and Clean Energy
Oil & Gas
Liquified Natural Gas (LNG)
Environment and Climate Change
Experience with Drilling Companies
Notable work experience with drilling companies
- Rendering legal advise and Preparing Legal Opinions on Permitting and Licensing for Drilling Companies in Namibia
- Work permits, employment permits (Immigration)
- Advise on relevant Namibian Procurement Laws and Local Content Provisions
- Advise on Labour Laws and labour matters
- Draft, review and negotiations of agreements
- Rendering legal Advise and Preparing Legal Opinions on environmental requirements
- Incorporation of companies in Namibia and requirements thereof
- Drafting legal opinions on local content requirements
- Environmental Clearance Certificate
Experience with Seismic Exploration Companies
Notable work experience with seismic exploration companies
- Rendering legal and business advisory services on the specific Local Content Rules Applicable to Companies Incorporated in Namibia;
- Rendering legal and business advisory services on different forms of business in Namibia and which form of business to utilise depending on company’s business objective in Namibia
- Advising on Annual Compliance/Reporting Obligations Private (Proprietary) Limited Company
- Advising on Annual Compliance/Reporting Obligations – External Companies;
- Advising on the legal framework regulating Upstream Mining and Upstream Petroleum;
- Advise on the relevant regulators as well as salient stakeholders and advising engagement with regulators Upstream Regulators and Government Authorities
- Incorporation of companies and company secretarial services;
Experience with IOC / Operators
Notable work experience with international and local oil companies
- Drafting, negotiating and reviewing of various upstream agreements such as Purchase and Sale of Asset Agreement, Royalty Agreement, Farm Out Agreement, Confidentiality and Non-Disclosure Agreements, Joint Operating Agreement, Petroleum Agreement
- Conducting Stakeholder Engagements and Obtaining relevant land Consent from landowners
- Preparation and Filing of Merger Notifications with NaCC (Mergers and Acquisition)
- Preparation of Title and Corporate Opinions
- Rendering legal Advise and Preparing Legal Opinion on complex Tax, VAT and Customs Issues in Namibia
- Rendering Advise on land tenure system of Namibia
- Rendering legal Advise and Preparing Legal Opinion on Labour related matters;
- Incorporation of companies and company secretarial services;
- Rendering legal Advise and Preparing Legal Opinion on Foreign exchange regulatory approvals and repatriation of capital
- Legal, regulatory and business advise on obtaining exploration and production licences nd preparing licence applications
- Conducting transactional Due diligence and anti-bribery due diligence
- Applying for Employment Permits and Work Visas (Immigration)
- Environmental social governance (ESG)
- Rendering legal Advise and Preparing Legal Opinion on Local Content in Namibia
Our experiences in Corporate Governance
Notable experience in corporate governance
- Advised International Energy Companies on the various types of organizations/entities/ – Companies available, including branches of foreign subsidiaries, offices and local subsidiaries in Namibia and further advised on the process of establishing the local entity and the relevant documentation required.
- Provided Corporate Governance Support to confidential company’s Board of Directors, which inter alia included Corporate secretarial work required to keep the Namibia branch in good standing and in compliance with the Companies Act.
- Provided company secretarial and legal advisory services to Namibia’s Petroleum Training and Education Fund by amending the constitutional documents and ensuring that all relevant administrative functions are adhered to
- Advised international oil company on how its corporate structure should be set up to be successfully considered for award of a petroleum exploration licence and thereafter incorporated the local external company in Namibia which was subsequently successfully considered for award of a petroleum exploration licence in Namibia, Orange Basin
- Advised and forewarned client that in the absence of establishing an entity in Namibia, it will be difficult for client to obtain certain specified regulatory permits and approvals.
- Advised IOC on the pros and cons applicable to registering an external company vis-à-vis a local subsidiary, as it relates to administrative considerations as well as tax implications
- Regarding the lack of data protection laws in Namibia, advised Woodside Energy on how to go about applying for an exemption to ensure certain private information is not submitted to the regulator and advised what other constitutional provisions can be used to protect data privacy in Namibia.
Our experiences in Compliance and Due Diligence
Notable experience in compliance and due diligence
- Pursuant to Namibia’s local participation policy which advocates for the inclusion of local partners in Namibia’s upstream oil & gas industry, client identified and shortlisted several Namibian private sector companies for potential consideration as local partner, should Confidential Client be successfully considered for award of specific blocks and for farming into specific blocks. We conducted interviews with client. After the interview, we prepared a report highlighting SNC Incorporated’s observations and conclusions on the interviews conducted for Confidential Client to make a comprehensive conclusion. In the report we recommended in chronological order on who is high risk and who is low risk to ensure client’s reputation is protected.
- SNC Incorporated was instructed to conduct due diligence on the chain of custody of PELXX. SNC Incorporated reviewed the Petroleum Agreements, Deed of Assignment, Novation and Amendment to the Petroleum Agreement and PEL, the Joint Operating Agreement, as well as the Deed of Assignment, Novation and Amendment to the Petroleum Agreement and assess whether any amendments made were in accordance with the express requirements in the Petroleum Agreement, and if not, advise on the implications if any and how it can be rectified as well as timeline thereof
- Assist with the preparation of the Anti-Bribery Policy and the Business Code of Conduct applicable to Namibia and facilitate the process of onboarding a contractor or consultant by ensuring that there is a background check before any contract is entered into by and between an International Oil Company and a contractor. If high risk partner and politically affiliated with decision powers on International Oil Company activities, we advise against partnership
- Further prepare various legal opinions and memorandums to consider whether certain acts that client intends to take is in contravention with Anti-Corruption Act 8 of 2003 (Namibia), The Corruption of Foreign Public Officials Act S.C 1998, c.34 (CFPOA), The Foreign Corrupt Practices Act (FCPA) Current through Pub. L. 105-366 (November 10, 1998) as of July 22, 2004, Statute: United Kingdom Bribery Act of 2010.
Our experiences in Claims, Dispute Resolution and Litigation
Notable experience in claims, dispute resolution and litigation
- Litigating on behalf of the the national roads company in respect of construction of Trunk Road9/1. From Windhoek To Hosea Kutako International Airport.
- SNC Advised on enforcement of arbitral awards from foreign judgements and seek to enforce in Namibia
- Litigating on behalf of International Oil Company and the National Oil Company in an urgent application brought by Environmental Pressure groups to stop oil & gas operations. Defended the suit on behalf of International Oil Company successfully
Our experiences in Compliance (Criminal Investigations)
Notable experience in compliance (criminal investigations)
- SNC Incorporated conducted various investigations on behalf of confidential clients by doing background checks, conducted interviews with well known respected sources from Namibian Police, Prosecutor General’s Office, Anti-Corruption Commission, Investigative Journalist as well as the Business Registration Authority in respect of potential local partners and subcontractors and based on our knowledge drew various inferences to advise client on the risk, if any for
Our experiences in Offshore Oil and Gas Contracting and Regulatory
Notable experience in offshore oil and gas contracting and regulatory
- Drafting, negotiating and reviewing of various upstream agreements such as Purchase and Sale of Asset Agreement, Royalty Agreement, Data Use licensing Agreement, Farm Out Agreement, Confidentiality and Non-Disclosure Agreements, Joint Operating Agreement, Petroleum Agreement, Surface Use Agreements and various other upstream agreement
- Rendering regulatory advice on Labour Exemptions for continuous operations or operations conducted in excess of maximum working hours; Immigration Compliance; Affirmative Action Act Compliance
- Advising on Industry Specific Permits applicable offshore, such as ECC, Drilling Permit, Import and Export Permit, Storage permit, Health, Safety and Environment regulations in Namibia, which apply to offshore installations, applicable drilling permits
Our experiences in Customs
Notable experience in customs
- Advised in detail on the procedure for importing an offshore rig and various oil & gas equipment and any costs associated with the importation of such a rig and oil & gas equipment on a temporary importation and permanent importation basis
- Advise on relevant custom duties, import vat and whether there are any exemptions available and how to apply for exemptions and advising on which customs agents to utilize
- Facilitated the application process for employment permits and work visas for and, facilitated meetings with the Immigration Selection Board for Confidential Client
Our experiences in Environmental Law
Notable experience in environmental law
- Advise on who bears the onus to apply for environmental clearance certificate and review various EIA’s and EMP’s to verify whether specific activities are foreshadowed in the Environmental Impact Assessment Report and the Environmental Management Plan prepared by Operator and or whether client’s activities are foreshadowed.
- Advise on the Environmental Clearance Certificate requirements, Drilling Permits, Oil Pollution Certificates, Waste Management Plan, Oil Spill and Fire Contingency Plan etc
- Attended before environmental appeal tribunal on behalf of International Oil Company in respect of matters brought by NGO’s before the Environmental Appeal Tribunal and further advise and assist oil and gas companys on the consultation process of communities as prescribed in the Environmental Management Act and Regulations
Experience with Service Companies
Notable work experience with service companies
- Rendering legal Advise and Preparing Legal Opinions on the regulatory framework governing Offshore oil and gas operations
- Rendering legal Advise and Preparing Legal Opinions Corporate tax, VAT, exporting and
excise matters - Environmental social governance
- Rendering legal Advise and Preparing Legal Opinions Local Content Requirements
- Advise on employment and Labour requirements
- Advise on immigration, visa and work permits matters
- Facilitation in securing applicable licences for the movement of explosives in Namibia
- Facilitation in securing applicable licences for the movement of radioactive sources in Namibia
- Licencing and Permitting of other dangerous goods. Ie.) Mineral oil, oil based mud
- Licencing and permitting of Gun Loading Facility
- Drafting and negotiating EPCI Contracts, Operation and Maintenance Contracts, FIDIC Contracts
Experience with Mining Companies
Notable work experience with mining companies
- Mineral Rights Acquisition
- Drafting and negotiating to conclusion transfer agreements for acquisition and transfer of Exclusive Prospecting Licences
- Applying for transfer of Exclusive Prospecting Licenses
- Environmental social governance / Social Responsibility obligations and community engagement requirements
- Advising on the 15% ownership directive in Mining Licences
- Advise on immigration, visa and work permits matters
- Drafting and negotiating agreements for establishment of Joint Venture Entities and SPV
- Reviewing, drafting and negotiation of Blasthole Drilling Service Agreements and Provision of Drilling Service Agreements;
- Conducting due diligence on Exploration Prospecting Licences in Namibia;
- Advise and interpreting salient aspects of the Company Act, Memorandum and Articles of Associations of companies and Non-Profit Organisations, Shareholders Agreements and the Share Transfer and Shareholders Agreement
- Drafting and negotiating Surface Use Agreements
- Litigation on behalf of Mining Companies
- Conducting due diligence on target companies
- Advise on regulatory requirements relating to ECC
- Foreign Exchange Regulations
Work with Education Institutions, State-Owned Enterprises and Local Companies
Notable experience with education institutions, state-owned enterprises and local companies
- Legal Due Diligence Assessments and advising on policy and law reforms
- Rendering legal advice on corporate governance, institutional policies, contacts and the petroleum legal framework;
- Rendering legal advise and preparing legal opinions on land acquisitions;
- Litigation in the Namibian Higher and Lower Courts and dispute resolutions;
- Monitoring regulatory and legal changes in the environment for purposes of advising the CEO to timeously make informed decisions and drafting and facilitating requests to government stakeholder as well as other salient stakeholders when required;
- Applying for exemptions in accordance with the Labour Act for continuous operations and conduct investigations for purpose to determine whether prima facie basis is established to initiate disciplinary proceedings against an employee;
- Attend to labour relations within the company and attending to the drafting and finalisation of the Disciplinary code and Procedure for client;
- Drafting of Employment Agreements, Legal Advice on Employment, drafting company policies inclusive of, non-permanent employment policies, recruitment policy, business code of conduct, remuneration policy etc.;
- Legal Opinion and labour advisory services on labour matters. This involved a discussion on the labour rights of employees with specific reference to; employment Agreements – requirements to conclude written employment agreements and the “standard” form of employment agreements; mandatory prescribed working hours and the exemptions thereof; requirements regarding the employment of certain minority groups;
- Acting as Chairperson to preside over various Disciplinary Hearings for NIDA;
- Chairing grievances hearing against senior manager at the Namibia Standards Institution (NSI).
- Initiating and drawing up charges against officials, coaches on behalf of NFA
- Representing clients at Ancillary Rights Commission
Our experiences in Corporate Finance
Notable experience in finance
- Preparing of Legal Opinion which addresses the commercial Viability of Client, being able to offer and close the following types of transactions with international customers and suppliers:
- Factoring: contracts for the assignment of receivables from international debtors to Spanish customers (or subsidiaries of Country Y groups) and the need for notification in the country deriving from the purchase and Confirming or Reverse
- Factoring: assignment agreements with international suppliers of receivables from customers.
- Advising on foreign investment loss and when a certificate of status of investment is required. Facilitated financing between parent company and local private company (the subsidiary company established in Namibia). As per the arrangements between the parent company and a subsidiary company, the subsidiary company would obtain funds from the parent company which funds were utilised for the day-to-day operations in Namibia.
- We facilitated the application, through an authorised dealer, for a foreign debt facility (based on current debt + future license commitments) and sought a waiver from maintaining a debt equity ratio of 3:1, which application was approved and waiver granted
- advised an International Oil Company, a company listed on the TSX, in connection with the public offering of its shares in 2023 and 2024 and prepared title opinions as well as corporate opinions, which documents are necessary to provide assurance to the lender that the title is free from any encumbrances, liens, or other legal issues that could affect the property’s ownership and value and further that the company, as a corporate entity is in compliance with the relevant administrative requirements and thus in good standing
Our experiences in Banking and Finance
Notable experience in banking and finance
- Facilitating a loan agreement between parent company and subsidiary company in compliance with banking and foreign exchange regulations
- Advising on foreign currency payments received into Namibia
- Advising on the options available for client to fund its Namibian entity
- Advising on whether client is required to bring the revenue from the sales of oil into the country i.e., repatriate into Namibian currency
- Rendering legal advisory services on the viability of Factoring (financial transaction and a type of debtor finance in Namibia).
Our experiences in Construction
Notable experience in construction
- SNC Incorporated advised the authority responsible for road maintenance and local construction companies on its various road construction projects in Namibia including drafting equipment lease agreements.
- Reviewing FIDIC contracts
- Advised onshore oil and gas company in respect of the provision by an engineering company for the construction of access roads and platforms for oil drilling works in the Kavango East area at various drilling locations (onshore project)
Our experiences in Country Special Risk
Notable experience in country special risk
- Advised on the types of sanctions imposed on South Sudan by the Office of Foreign Assets Control (OFAC), advising how the sanctions affect the establishment of a foreign company in South Sudan, how do the sanctions affect the payment obligations by client towards the Government of South Sudan and whether any payments will be considered contrary to the Sanctions Against Persons Contributing To The Conflict In South Sudan.
- Preparing a Country Risk Report on Namibia for onshore oil company
Our experiences in Contracts (including EPCI, Charter, Operation etc)
Notable experience in contracts (including EPCI, charter, operation etc)
- Attend to advising and/or drafting, negotiating and reviewing of various agreements which inter alia include the Joint Operating Agreement, Farm-out Agreement, Purchase and Sale of Asset Agreement, Service Level Agreements, Construction Equipment Lease Agreement.
- Drafting and negotiation to full conclusion of an agreement between international oil company and engineering company for the provision of engineering & supervision services for the construction of access roads and platforms for oil drilling works.
- Drafting EPCI Contracts, Operation and Maintenance Contract and negotiating to conclusion FIDIC Contracts), Employment Agreements, Service Level Agreements, Consultancy Agreements, Borehole Construction and Installation Agreements, Master Service Agreement, Labour Hire Agreements.
Our experiences in Data Privacy
Notable experience in data privacy
- Advised on whether Namibia has passed any data protection and privacy laws and If so providing a brief summary on such laws and if not what laws or articles are in place to protect data and privacy
Our experiences in Insurances and Intellectual Property
Notable experience in insurances and intellectual property
- Render advise on insurance requirements for vessels in Namibia and advise on the legal of intellectual property clausesand based on our knowledge drew various inferences to advise client on the risk, if any for










