Poupak Bahamin

Partner

Poupak Bahamin

Paris

T:+33 1 56 59 5438

F:+33 1 56 59 50 01

Africa

T:+33 (0)6 2424 2656

Poupak is a corporate lawyer based in Paris, leading a practice focused on the natural resources sector. She advises companies involved in mining, oil and gas and agriculture on regulatory matters, the establishment of joint ventures, partnerships, mining conventions, PSAs, as well as sale and financing of assets.

Over the past few years, her practice has been focused on French-speaking sub-Saharan Africa and in particular Democratic Republic of Congo, Guinea, Ivory Coast, Mali, Republic of Congo and Burkina Faso. She has been recognized by Chambers Global as a DRC Foreign Expert for general business law and corporate and M&A work.

Poupak regularly contributes to mining journals, publications and conferences.

Poupak qualified in 1993, following which she obtained a Masters Degree in Law, from McGill University. She is fluent in English and French and speaks Farsi.

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  • Speaking engagements
    • « Opportunities, risks and due diligence in difficult jurisdictions, Focus on Africa », address at the Prospectors and Developers Association of Canada (PDAC) Conference, Toronto, Canada, March 2012;
    • « Impact de l’OHADA sur les secteurs juridique et judiciaire en RDC » (Impact of OHADA on Judicial and Legal Risks in DRC), address at the Infrastructure and Partnership for Africa’s Development (IPAD) Conference, Kinshasa, DRC, October 2010;
    • « Briser les barrières culturelles et maîtriser les éléments cruciaux pour parvenir à une relation fructueuse avec les peuples, les avocats et les gouvernements étrangers » (Breaking Cultural Barriers and Crucial Elements for a Successful Partnership with Foreign Parties, Lawyers and Governments), address at the Canadian Institute, Montreal, Canada, April 2010 ;
    • « Secteur minier congolais: analyse comparée des facteurs déterminants en matière d’investissement » (Congolese Mining Sector : Compared Analysis of Factors Impacting Investment), address at the IPAD Conference, Kinshasa, DRC, October 2009;
    • « Financement canadien des activités minières congolaises » (Canadian Financing of Congolese Mining Activities), address at the IPAD Conference, Kinshasa, DRC, October 2008 ;
    • « Securing Mining Rights in Africa: a Case Study of the Democratic Republic of Congo and Angola », address at the Prospectors and Developers Association of Canada (PDAC), Toronto, Canada, March 2008.
  • Publications
    • “Laws changing the lay of the land”, Mining Journal, Indaba Supplement, pp. 25-27, January 17, 2014;
    • “West Africa’s wave of mining reform”, Paydirt Australia, pp. 90-91, December 2013;
    • “DRC: A step back, proposed changes in tax and ownership laws are worrying international investors”, Mining Journal, pp. 20-27, August 16, 2013;
    • “OHADA: DRC brought into legal harmony with French-speaking sub-Sahara”, ACM-Insight!, pp. 24-26, April 2013;
    • “DRC: Joining OHADA”, Mining Journal Indaba Supplement, January 2013;
    • “DRC: Tackling the issues, there is a need for greater transparency and an improvement in governance in one of the world’s richest resource nations”, Mining Journal, pp. 18-24, August 17, 2012;
    • “Guinea Fast Facts”, Mining Journal, pp. 15-16, November 18, 2011;
    • “Maturing Mining Market, Increasing stability in the DRC is attracting investors from around the World”, Mining Journal, pp. 15-17, August 19, 2011;
    • “Looking for Transparency, Mining Companies in the DRC can look forward to Government’s efforts to Develop the Sector”, Mining Journal, pp. 14-17, August 20, 2010;
    • “Government can Increase Revenues from Mineral Resources”, Mining Review Africa, No. 6, pp. 43-50, 2009.
  • Admissions
    Avocat au Barreau de Québec
  • Selected client work

    DR Congo

    • Advising UK government agency CDC Group on its financing and investment in Feronia Inc., a leading agricultural producer in the DRC;
    • Advising Randgold Resources (LSE:RRS) on the Kibali Goldmines project;
    • Advising a syndicate of banks on the financing of a major copper project in the DRC;
    • Advising an RSA-based investor on a power infrastructure project;
    • Advising a private UK-based petroleum company on the settlement of a shareholders’ dispute and its subsequent corporate reorganisation;
    • Advising Anvil Mining Limited (TSX, ASX:AVM) in relation to the re-negotiation of contractual arrangements with local stakeholders, in the context of the sale of shares to the Minmetals Group;
    • Advising an Australian (ASX listed) company in relation to its mining projects;
    • Advising Tiger Resources (TSX, ASX:TGS) in relation to its mining projects;
    • Advising Louis Dreyfus Commodities MEA Trading on the financing of a copper project in the Katanga province;
    • Advising Shalina Resources in relation to its mining projects;
    • Advising Banro Corporation (TSX:BAA) in relation to its mining projects;
    • Advising Société des Mines d’Or de Kilo-Moto (“SOKIMO”, previously known as the Office des Mines d’Or de Kilo Moto) on the sale of a 20% participation in Kibali Goldmines to RandGold Resources (NASDAQ:GOLD) and AngloGold Ashanti (JSE:ANG and NYSE:AU);
    • Advising SOKIMO on the establishment of Joint Ventures with each of Moto Goldmines Limited (previously TSX:MGL), AngloGold Ashanti (JSE:ANG and NYSE:AU) and Mwana Africa (AIM:MWA);
    • Advising Kilo Goldmines Limited, (TSX.V:KGL), on (a) the creation of five joint ventures and the acquisition of gold mining concessions, and (b) in the negotiation of a joint venture with Rio Tinto;
    • Advising Standard Bank on the implementation of the financing structure and local security interests of a telecom operator, including the OHADA harmonisation process of the borrower’s local entities in the DRC;
    • Advising the Government of DRC on the sale of a participation in Congo China Telecom to France Telecom.


    Guinea

    • Advising Anglogold Ashanti Limited (JSE:ANG and NYSE:AU) in relation to its Siguiri project ;
    • Advising Avocet Mining (LSE:AVM.L) in relation to its Tri-K gold project ;
    • Advising Alufer Mining Limited in relation to its mining projects ;
    • Advising Bellzone Mining (AIM:BZM) in relation to its Kalia iron ore mine ;
    • Advising Direct Leverage Limited in the sale of mining assets to a Canadian company;
    • Advising International Finance Corporation (subsidiary of the World Bank) in the framework of their negotiations with Rio Tinto and the Guinean government for the project and corporate agreements related to the exploitation of the Simandou mine.


    Burkina Faso

    • Advising a Russian bank on the financing of a gold mine in Burkina Faso;
    • Advising a Latin American investment bank on the financing of a manganese mine in Burkina Faso and the subsequent marketing of the mined products;
    • Advising Avocet Mining (LSE:AVM.L) in relation to its Inata gold project ;
    • Advising Gyphon Minerals (ASX:GRY) in relation to its Banfora gold project ;
    • Advising True Gold Mining (TSX.V:TGM) in relation to its Karma gold project;
    • Advising Standard Bank in relation to the implementation of securities.


    Ivory Coast

    • Advising Louis Dreyfus Commodities MEA Trading in relation to their assets;
    • Advising Perseus Mining (ASX,TSX:PRU) in relation it its mining projects;
    • Advising La Mancha Resources on various aspects of its mining projects in Ivory Coast, in particular the Ity gold mine.


    Mali

    • Advising Papillon Resources (ASX:PIR) on various aspects of its Fekola gold project in Mali;
    • Advising AngloGold Ashanti (JSE:ANG and NYSE:AU) on various aspects of its Sadiola project in Mali.


    Mauritania

    • Advising a client in relation with the restructuring of its mining activities (due diligence, joint venture).


    Niger

    • Advising Semafo Inc. (TSX, OMX:SMF) on the sale of its 80% interest in the Samira Hill mine in Niger to Société de Patrimoine des Mines du Niger S.A.


    Republic of Congo

    • Advising TS Middle East Ltd on its projects in the Republic of Congo;
    • Advising Dingyi Group Investment on the financial aspects of a potash project;
    • Representation of Evergreen in the acquisition of shares of MagIndustries Corp (TSX:MAA), a Canadian company with assets in the Republic of Congo and DR Congo);
    • Advising Equatorial Resources (ASX:EQX) in respect to their mining projects.


    Others

    • Representation of Mongolia Minerals Corporation (Toronto based mining company to be shortly listed on the TSX) in the acquisition of several coal mining concessions in Mongolia and the establishment of several joint ventures;
    • Advising a Canadian-based company on the creation of a domestic coal supply business in South Africa.