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Latest Developments

Power Africa: Power Purchase Agreements Consultation Workshop

Led by Nnamdi Ezera and Mohamed Badissy, The Commercial Law Development Program (CLDP) held a Regional Stakeholders Workshop on Refining the Annotation of Africa Power Purchase Agreements (PPAs) in Abuja, Nigeria. The program featured 70 participants, including government officials and representatives from power utilities, transmitters, distributors and regulators in West Africa. The program is a follow-up to a CLDP program in March 2014 to review and annotate the most heavily negotiated and disputed provisions of power project contracts. This second program aimed to gain much-needed government stakeholder perspectives and ownership of the annotated PPA. It was attended by the Nigerian Minister of Power and CEOs from the Nigerian Bulk Electricity Trading Plc, the Nigerian Electricity Regulatory Commission, and the Africa Finance Corporation. Julie Wenah provided reflections from Secretary Pritzker’s West Africa Trade Mission and Trade and Investment Speech the previous month in Accra, Ghana and Lagos, Nigeria as well as the Administration's commitment to double access to power in Sub-Saharan Africa. Attorney-experts from the Overseas Private Investment Corporation and international and Nigerian firms gave presentations on offtake obligations, power payments, force majeure, sovereign guarantees, and dispute resolution. The issues raised and the perspectives gleaned from the workshop will be the basis for potential power-market reform, and will be included in the final PPA Annotation tool.

U.S. Commerce Department General Counsel Cameron F. Kerry Delivers Final Policy Address at the German Marshall Fund of the United States

General Counsel Cameron F. Kerry at the German Marshall Fund of the United States

On August 28, 2013, General Counsel Cameron F. Kerry delivered a policy address at the German Marshall Fund on the international impact of privacy and security issues.  Please click the link for the remarks, entitled "The Impact of Privacy and National Security on International Commerce in the Digital Age."  The speech reflected on the work of the Commerce Department to sustain and promote the digital economy.  General Counsel Kerry described work on privacy legislation and international engagement and expressed concern that any step back from the US-EU Safe Harbor Framework would "set the trading relationship between the U.S. and EU backward...."