Enga Kameni

Lecturer on Law

Fall 2019

Areeda 520

617-998-2604

Assistant: Julia Cunha / 617-496-5392

Biography

Dr. Enga Kameni is Manager, Legal Services of the African Export-Import Bank (Afreximbank), Cairo, Egypt. As Manager, Legal Services, he negotiates, structures and documents loan and other transactions where the Bank is a lender, co-lender or borrower. To date, Enga has assisted the Bank in negotiating, structuring and documenting loan transactions of over US$4 billion and has also assisted Afreximbank in negotiating and raising over US$5 billion from multinational banks and international capital markets. He also serves in several of the Bank’s Committees including factoring, forfaiting and intellectual property etc. Prior to joining the African Export-Import Bank, Enga worked as: International Associate, Finance & Capital Markets, Clifford Chance LLP, Paris, France; Legal Advisor, Perenco Oil & Gas, London, UK; and Manager, Tax & Legal Services, Ernst & Young.

Enga holds a master's degree in corporate law and governance from Harvard Law School, Cambridge, MA, USA where he was Dean Clarke Scholar, Frank S. Lally Scholar and Harman Fellow. He also holds a doctorate degree in international trade law from the University of Pretoria, South Africa and was a visiting scholar at Stanford Law School. He is admitted to practice law in the State of New York, USA and is a Barrister and Solicitor of the Supreme Court of Cameroon. In 2016, he was recognized by the prestigious Crans Montana Forum as a New Leader for Tomorrow.

Dr. Enga is also a visiting lecturer (international trade and investment law) at the University of Pretoria, South Africa, University of the Western Cape, South Africa and LUISS University, Rome, Italy. He has made presentations on legal, trade and development issues in many institutions including: Harvard Law School, Stanford Law School, Yale Law School, Trade Policy Center in Africa (TRAPCA), University of California, Hastings College of the Law, San Francisco, Ateneo Law School, Manila, Philippines, University of Kwa-Zulu Natal, Durban, South Africa amongst others.

He will be teaching a course in Law & Development in Africa: Contemporary Issues, Problems and Prospects this fall at Harvard Law School.

Areas of Interest

Enga Kameni, An Insight into Recent Legal and Regulatory Reforms in Support of Factoring in Africa, 1 Contemp. Issues Afr. Trade & Trade Fin. (CIAT) 27 (2014).
Categories:
Banking & Finance
,
International, Foreign & Comparative Law
Sub-Categories:
Commercial Law
,
Financial Markets & Institutions
,
Trade Regulation
,
International Law
,
International Trade
Type: Article
Abstract
African countries have witnessed a significant increase in factoring volumes over the past few years, with growth averaging 14.2 % annually. Estimates are that, in monetary terms, factoring volumes will grow to about US$200 billion by 2020. While impressive, growth starts from relatively low volumes and both the growth to date, as well as prospects for future growth, have been hampered by lack of a comprehensive facilitative legal and regulatory infrastructure governing factoring transactions in Africa, as well as lack of awareness on the continent of what the product is (and is not). These challenges range from inaccurate terminology (what some call factoring in one country may not be the same product, as others understand it in another country), lack of judicial precedents, and the absence of appropriate enforcement mechanisms, among other things. In recent years, there has been a concerted effort to combat these issues with progress being made on all fronts. For example, in certain African countries new legislation has recently been enacted governing factoring transactions. This article discusses recent legal reforms in Africa in relation to factoring. It argues that the current growth of factoring internationally, greater awareness of the nature of factoring as a business product, generally, and the efforts of multilateral institutions such as the African Export-Import Bank (Afreximbank) to educate both the market and regulators about factoring will spur more countries to enact factoring legislation that will facilitate growth of factoring and allow it to thrive across Africa.
Enga Kameni, Making a Case for an OHADA Corporate Governance Principles-Based Regime, 13 Eur. J. on L. Reform 540 (2011).
Categories:
Corporate Law & Securities
,
International, Foreign & Comparative Law
,
Banking & Finance
Sub-Categories:
Financial Markets & Institutions
,
Financial Reform
,
Risk Regulation
,
Corporate Governance
,
Securities Law & Regulation
,
Treaties & International Agreements
Type: Article
Abstract
The demands for corporate sanity and probity have increased tremendously in recent years, especially in the aftermath of the Enron Scandal, whose impacts were so profound that it ushered in a wave of corporate and securities law reforms both in the US and globally. International organizations, civil society, financial institutions, multinational corporations, business men and scholars have joined the bandwagon by being unanimous in their clarion call for more accountability and transparency in the ways companies are managed. Aside the Enron Scandal which exposed managerial frailties, such clarion call might have also been largely influenced by the view that the way a company is managed might reflect to a certain extent the way it does business. Hence an assumption that bad management would not only be detrimental to the shareholders who have invested their fortunes in the company, but might have long-term ramifications on local communities in particular and to the host country in general. For instance, the company might go bankrupt and current investors might pull out, thereby creating unemployment and sending a very bad impression to prospective investors contemplating business ventures in such a host country. The answer to these uncertainties has been the emergence of corporate governance codes and/or pieces of legislation with Sarbanes Oxley Act of the US, being one of the oft-cited examples.
Enga Kameni, Towards an Effective Legal Scrutiny of Foreign Direct Investments (FDIS) in Africa: Revisiting the Example of Ramatex in Namibia (Sept. 24, 2010).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Law
,
International Trade
,
Trade Regulation
,
Developing & Emerging Nations
,
Treaties & International Agreements
Type: Other
Abstract
Over the past decade, African and most developing countries have witnessed an increase in foreign direct investments (FDI). This has been due in part to the globalization and liberalization processes that began after the end of the cold war. Globalisation is understood here as the closer integration of the countries and peoples of the world which has been brought about by the enormous reduction of costs of transportation and communication, and the breaking down of artificial barriers to the flows of goods, services, capital, knowledge and people across borders. Globalization has been accompanied by the creation of new institutions such as the World Trade Organization’s (WTO) that have joined with existing ones such as the International Monetary Fund (IMF) and the World Bank to work across borders. The WTO, for example, has as cardinal principles, trade liberalisation and non-discrimination. This has made countries to open up previously closed sectors like state own enterprises through privatisation. In order not to miss the globalisation bandwagon, some African countries have put in place pieces of legislation, which have the goal of attracting investors. Others have signed bilateral investment treaties with developed countries, which amongst other things, contain provisions on nationalisation, compensation, national treatment and most favoured nation principles. In order not to miss out on investors as well as the globalisation bandwagon, Namibia enacted the Foreign Investment Act and the Export Processing Zone (EPZ) Act in 1990 and 1995 respectively. These pieces of legislation were aimed at providing certain incentives to would-be investors. One of the companies that benefited from these initiatives was Ramatex Textile and Garment Factory, a Malaysian company. Few years after its coming into force; questions were raised by the media and civil society organizations (CSOs) about the company’s commitments towards uplifting the living standards of Namibians as well as contributing to the country’s economic development. At the time, the government dismissed these concerns stating that the company had significant bearing on the future course of the Namibian economic growth in terms of employment creation, skills development and foreign exchange. This, however, did not come to fruition as seven years later; Ramatex controversially closed its operations in Namibia. The aim of this paper is to examine the Ramatex saga in the light of the sustainability of foreign direct investments in developing countries and least developing countries (LDCs) in general and African countries in particular. The paper explores the need for effective legal scrutiny of foreign direct investment in Africa especially why it should be done. The argument is sometimes made that certain multinational companies from developed countries, especially Shell often fail to respect environmental and other standards in developing countries, standards which they would have respected if and when they operate in developed countries. This paper looks at investment from a developing country to another one and shows whether this pale in comparison to investments from developed to developing countries are the same. The paper concludes by proffering ways through which such legal scrutiny might be achieved.

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Education History

Current Courses

Course Catalog View

Areeda 520

617-998-2604

Assistant: Julia Cunha / 617-496-5392