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Poupak Bahamin

Partner/Special Legal Consultant

Poupak Bahamin

Washington, DC

T:+1 202 662 4501

M:+ 1 301 541 9752 / + 33 6 2424 2656

Poupak is a corporate lawyer with an international background. She is currently based in Washington, DC, but has previously practiced in Canada and France. She advises companies involved in mining, oil and gas and agriculture on corporate and 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, Mali, Ivory Coast, Senegal, Togo, Republic of Congo, Burkina Faso and Guinea Bissau. 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.

Poupak is licensed as an attorney in Paris and Quebec but is not a member of the DC Bar Association or licensed to practice as an attorney in the District of Columbia. She is licensed as a Foreign Legal Consultant in the District of Columbia.

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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
    • “Gabon: New Code New Opportunities?” Mining Journal, pp, 15-16, February 27, 2015
    • “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 (co-author: B Cousin);
    • “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

    Democratic Republic of Congo

    • Advising Eurasian Natural Resources Group (ERG) on the various aspects of the Metalkol and Boss Mining projects;
    • Advising Feronia Inc on the various aspects of its agricultural projects in the Congo;
    • Advising Tiger Resources (TSX, ASX:TGS) in relation to its copper and cobalt projects in the DRC including in the framework of its acquisition of 40% of Gécamines' shares in its local exploitation company and in respect to several transactions involving the financing of its mining operations;
    • Advising Randgold Resources (LSE:RRS) on the Kibali Goldmines project in the DRC including on mining, corporate and financing aspects;
    • Advising Banro on the various aspects of its Twanziga Gold Mine, including its financing
    • Advising Shalina Resources in relation to its mining projects in the DRC;
    • Advising a Dallas-based oil and gas operator on the development of its petroleum projects in the DRC;
    • Advising a RSA-based investor on a power infrastructure project in the DRC;
    • Advising a UK based private oil and gas company on a corporate reorganisation and settlement
    • Advising Louis Dreyfus Commodities MEA Trading on the financing of a copper project in the Katanga province, DRC
    • Advising AngloGold Ashanti, Randgold Resources, Smile Telecommunication Holdings, SacOil Holdings and Sinayowetu Congo on the harmonization of their articles of association with OHADA law in view of the entry into force of OHADA company law in the DRC;
    • Advising Anvil Mining in relation to the renegotiation of contractual arrangements with local stakeholders, in the context of the sale of shares to the Minmetals Group

    Guinea

    • Advising Anglogold Ashanti (JSE:ANG and NYSE:AU) on various aspects of its Siguiri project in Guinea, including the renegotiation of its mining convention with the Government pursuant to the reform of mining code;
    • Advising Bellzone Mining (AIM:BZM) on various aspects of its Kalia iron ore mine in Guinea, including the renegotiation of its mining convention with the Government pursuant to the reform of the mining code;
    • 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;Advising a Russian bank on the financing of a gold mine in Burkina Faso;
    • Advising Alufer on various aspects of the Belair Project;
    • Advising Avocet on various aspects of the Tri-K project;

    Cote d'Ivoire

    • Advising Perseus Mining on various aspects of its Tengrela gold project
    • Advising La Mancha Resources on various aspects of the Ity Mines
    • Advising a private investor in the acquisition of Nickle mining assets in Cote d'Ivoire;

    Mali

    • Advising AngloGold Ashanti (JSE:ANG and NYSE:AU) on various aspects of its Sadiola and Yatela project in Mali.
    • Advising Papillon Resources on all aspects of its mining projects in Mali up to their acquisition by B2Gold

    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.

    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 Gryphon Minerals (ASX:GRY) on various aspects of its Banfora gold project in Burkina Faso;

    Republic of Congo

    • Advising Equatorial Resources (ASX:EQX) in respect to the Badondo and Mayoko-Moussondji iron ore projects in the Republic of Congo;

    Togo

    • Advising Ferrex plc on its mining projects in Togo, including the negotiation of its mining convention.

    Multi Country

    • Advising La Mancha Resources on the merger with Endeavor Mining;
    • Advising Standard Chartered Bank on a pan-African commodities financing, in particular the implementation of security interests in Benin, Burkina Faso, Senegal and Ivory Coast, as well as Ethiopia and Rwanda;
    • Advising a major mining company on applicable mining, corporate, environmental and exchange control legislation and regulations in DRC, Guinea and Gabon.
    • Advising a Canadian-based company on the creation of a domestic coal supply business in South Africa.