Benoit TSHIBANGU ILUNGA, Esq.

Benoit

Benoit TSHIBANGU ILUNGA is an active Attorney at law (Barrister/ Solicitor) who marries cutting edge advice and dedicated legal services when comes to business law, notably Tax law, corporate law, M&A and mining matters. He is always extremely impressive on his feet when litigating.

He is the Founder and Partner of the firm of Tshibangu Ilunga & Partners (www.tshibangulegal.com) a firm complying with anti bribe legislations, notably: the UK Bribery Act (UKBA) of 8 April 2010 as well as the American Foreign Corrupt Practices Act (FCPA) of 1977.. He is registered under the No. 4056 of the National Law society of the DRC.

After law studies at University in DR Congo, Mr. Tshibangu entered into a legal carrier where he focuses on business and investments law.

Benoit TSHIBANGU ILUNGA has sharpened his skills by deepening the issues. He attends to international forums and attending clients meetings throughout the word abroad, in USA, France, Belgium, Germany, Hong Kong, China, UK, Peru, Brazil, South Africa, Zambia, Morocco etc…

He is confortable anywhere abroad, discussing law and clients interests.

He does not last to say his moto: owing promptness and efficiency to clients. Doing the best to clarify and find sound solutions to clients’ concerns on top of services. Marrying confidentiality and respect of ethical rules must be the pillars of an Attorney, on top of the expertise and skills.

Benoit TSHIBANGU ILUNGA is admitted to the Bar of Kinshasa/Matete. His licence covers also the jurisdiction of Congo Brazzaville (Brazzaville and Pointe Noire) in respect of the Convention entered into on 12 April 1978 between the two CONGOs in regard of judicial matters.

He is also licensed for the "CCJA" Common Court for Justice and Arbitration of OHADA and therefore advises and /assists on the commercial and business law.

Education

Degree:

  • MA, 2004 - 2005 (UPC)
  • BA, 2002 - 2003 (UPC)

Position: Founder Partne
Called to Bar: 2006
Called to legal Consultancy: 2003
Languages: French (fluent), Anglais, (fluent), Lingala, Swahili, Tshiluba.

Fields of areas: Corporate law; Tax law (expertise in Tax procedures); M&A (Mergers and Acquisitions) law; Mining Law; Sureties law (collaterals);
Commodities law; Commercial law; Oil and Gaz Law; Admiralty and Maritime Law (recovery of maritime debts; arrest and release of vessels, temporary importation of vessels etc…)

Publications: The most recent: « Mining license application in DRC (2017) », www.iclgl.co.uk

On top of above matters, Benoit TSHIBANGU practices litigation and arbitration.

Key projects dealt with

Recent cases and major projects include:

  • March 2017: Release of a vessel arrested in Pointe Noire, involving a Caiman Island company vs a European company;
  • May 2016: Agence Française de Développement - A French Government organ - in the matter of employment dispute and management of the employment relationships with local employees.
  • March 2016: MONUMENT MINING Ltd (a TSE, Sydney and Kuala Lumpur listed company) project: Benoit has advised Monument in connection of the M&A over RSK SARL, a mining company in South Kivu , Congo DR. Due diligence over corporate compliance and over mining licenses and assets was issued to the satisfaction of client.
  • September 2015: DELVAG LUFTFHARTVERSICHERUNGS AG - in the matter of re-insurance in Congo-Brazzaville. A legal opinion and related report were issued for the purposes of the client tiering up will local insurance companies. Contact: Mr. Henning Grosmann.
  • May 2015: has assisted ZIJIN GROUP Co (a Chinese leading company) with its bid on 49,5% of Ivanhoe Mines Ltd over the Kamoa mine in Kolwezi, Congo DR. Due diligence on mining licences and corporate compliance was issued upfront by Benoit Tshibangu Ilunga, via DLA Piper HonkKong branch. The deal was strike in the amount of $412 million.
  • March 2015: SAPURAKENCANA PETROLEUM BERHAD - Malaysian Petroleum company listed in Kuala Lumpur - in the matter of investment in Congo-Brazzaville, involving employment and work permits for foreign workers and drilling licences, etc… Contact: Vic Kie:vickie@kaaplaw.com
  • 2014: ICICI LOMBARD GIC Ltd (a Bombay based company) - in a reinsurance joint venture in Congo Brazzaville. Legal a dices and due diligence on the targeted companies were issued upfront by Benoit Tshibangu Ilunga, to allow the client tied up with local companies being aware of the status of the insurance market. Scale of the project: $270 million.
  • The Firm teamed with international Firms ("notably PriceWaterHouseCooper...") to issue the DD enabling the Government of the UK fund the Government of the DRC set up the trade Registry in the OHADA framework.
  • 2013: LIOUESSO HYDROPOWER project in Congo-Brazzaville. benoit Tshibangu with his colleague Moïse Omar Kanda did provide the upfront advice in respect of the empowered authorities likely to engage the Government, the structure of the sureties; the waiver of the sovereign means for future enforcement. Scale of the project: $120 million.
  • 2013: MAURITIUS COMMERCIAL BANK vs MODE YELLOW financing project in Congo-Brazzaville, in the matter of telecommunications. draft sureties and guarantee for the enforcement of the contract were provided to client. Scale of the project: $8,75.
  • 2013: Mr. BAKANDEJA of his firm assisted the Government of the Congo DR in the framework of the formation of the one window in respect of the corporate procedures for formation of companies. The mission was carried out under supervision of Price Water House Cooper, UK.
  • 2011: ZONGO II HYDROPOWER project in Congo DR: advices were provided regarding the sureties structure; the compliance of the documentation with mandatory laws of the Congo DR. Scale of the project: $360 million.
  • 2010: the Government of Congo DR vs FG HEMISPHERE - Assisted the Government with the management of the team of foreign Attorneys in the framework of the release of the assets seized in Hong Kong - amount at stake: $350 million, and $8 billion as well. This file was worked while in Mukendi Wafwana & Associates firm.
  • 2010: while working in Mukendi’s firm, worked with the panel of foreign Attorneys in Hong Kong in the assistance of the Government of the Congo DR for the release of $350 million dollars attached in Hong Kong.
  • 2007: NAMAKWA DIAMOND MINING Ltd project in Congo: for the purposes of the listing of this company in LSE,
  • 2008: Assistance of clients claiming their Oil and Gas rights in the area of Grabben Albertine in the eastern part
    of the DR Congo;
  • Benoit TSHIBANGU carried out the due diligence on compliance of incorporation of the company and corporate status; due diligence over the status of the mining licences. His legal report was taken into account by Goldman Sachs for the listing.
  • 2007: RIM ("Research in Motion") entering the DRC market in 2007: advices over the legal conditions for entering the local market were provided;
  • The Firm teamed with international Firms ("notably PriceWaterHouseCooper...") to issue the DD enabling the Government of the UK fund the Government of the DRC set up the trade Registry in the OHADA framework.

Certifications

Certificate of the Bar of Kinshasa/Matete on September 15, 2006.

Certificate of attendance in the training session of the Bar of New York (New York CLE Certificate of attendance) over the theme "real estates transactions and potential litigation, May 20, 2010 cession hosted by Mr. Peter Brognan and Allan Berlowitz, Esq.

Certificate of IP agent in the Congo DR in 2011.

Professional experience

  • Member to the International Law Firms ("ILF") (www.ilflaw.org).
  • Member to the Conférence Internationale des Barreaux de tradition Juridique Commune (« CIB »).
  • Member contributor to investigations initiated by the cell of the World Bank "Doing Business", which awarded him a
    Diploma of Merit for 2010.
  • Member of the American Law Firm Cooke Robotham LLC which main offices are in Washington DC, USA (www.cookerobotham.
    com).

Publications

Benoit TSHIBANGU has published or is publishing:

  • "The issue of Inner debt of the DRC: Development Prospects" Graduate memory, UPC 2004-2005;
  • "The Vulture Funds, techniques, processes and targets," work in progress
  • The DR Congo Mining licence application procedures, in « The international Comparative Legal Guide to the Mining Law 2017, 4th edition », Chapter 10, September 2016, ed. Global Legal Group, London, United Kingdom; www.iclgl.co.uk