Africa Focus: Autumn 2018: Mozambique: Beyond mining

by White & Case LLP
Contact

White & Case LLP

Economic diversification through resource-based infrastructure

Economists have long recognized infrastructure development projects to be one of the most potent levers for economic growth.1  Infrastructure built to support development of a country's natural resources can provide access to previously inaccessible areas and open trade routes, and generate investment into new sectors. Where that infrastructure crosses national borders, as is the case with several of Mozambique's current portfolio of development projects, it can also promote regional socio-political integration, economic growth and diversity.

Against the backdrop of Mozambique's improved economic outlook starting from 2018, this article focuses on how the country's opening of its mining logistics infrastructure can drive diversification of Mozambique's economy and its regional integration with landlocked neighboring countries that can use Mozambique as an import and export route. Especially in cross-border and regional infrastructure projects, investors can combine traditional and more creative treaty mechanisms to assist infrastructure financing and development.

52%
Mozambique's coal and natural gas resources accounted for approximately 52 percent of the value of its total domestic export trade in 2017
ITC Trade Map

In this context, Mozambique has been willing to support cross-border projects through intergovernmental agreements, and is now participating in its first two investment arbitration cases. These are positive indications that the country understands investors' need for wider stakeholders' engagement and risk management tools, which make projects viable.

POSITIVE OUTLOOK IN THE MINING SPACE

After a challenging 2017, with the country's total indebtedness expected to reach 113.1 percent of its GDP (the highest in sub-Saharan Africa), Mozambique's economy is showing positive signs in 2018. Mozambique is stabilizing its currency and lowering inflation, suggesting a more optimistic economic cycle ahead. Mozambique's real GDP grew by 3.3 percent in 2017 and the IMF projects it to grow on average 2.5 percent per annum in nominal US dollars until 2022, then to climb to 9.9 percent in 2023 (Figure 1). Measured in Meticals, the local currency, economic research firm BMI forecasts that the Mozambique economy will grow on average 6.6 percent per annum over the next ten years.2

Mozambique's coal and natural gas resources accounted for approximately 52 percent of the value of its total domestic export trade in 2017.3

An increase in coal production is expected to result in an average growth of 10.1 percent in the value of its exports between 2017 and 2021.4

This increase will likely come from Mozambique's coal reserves of about 1.8 billion tons,5 most of which is high-quality coking coal, with primary deposits in the Tete province. To achieve its forecast growth, Mozambique will need infrastructure to support exploration and development of its reserves in the Moatize, Lower Zambezi and Mucanha-Vusi basins, as well as the deposits in Changara, Cahora Bassa and Magoe districts.

The country has already taken some positive steps to attract the investment required.

In recent years, the Government of Mozambique has made concerted efforts to enhance the country's business environment and thus attract trade and investment, particularly into the mining sector. Current mining legislation aims to ensure greater competitiveness and transparency, defining clear obligations and protecting national interests, while also protecting the rights of mining companies. Law No. 20/2014 (Legislação Mineira) and Decree No. 31/2015, for example, introduced clear rules for mining prospecting, research operations, development and exploration.

Some external market factors are likely to play an important role in raising foreign investors' interest in Mozambique's mining sector. Strong and sustained demand for coking coal in India, the uncertain socio-economic environment in Zimbabwe and the expected cost increase of mining in South Africa all place Mozambique at a regional competitive advantage.6  Mozambique's large coal reserves, high-quality product and strategic location relative to Asian markets create the potential for the country to become a key player in global coal markets.

Notwithstanding these positive factors, Mozambique needs to invest heavily in infrastructure to achieve its forecast growth, in particular roads, railways and ports, so several planned projects become viable and existing projects are optimized.

OPENING MOZAMBIQUE'S LOGISTICS INFRASTRUCTURE

Most of Mozambique's civil infrastructure was built during the country's colonial period. In 1931, the colonial state created the industry entity Portos e Caminhos de Ferro de Moçambique (CFM) to centralize the management of railways and ports in Mozambique.

Independence in 1975 was followed by a period of civil war that destroyed most of the country's transport network. By the restoration of peace in 1992, Mozambique faced financial difficulties and was unable to invest in rebuilding and expanding its infrastructure. The country was unable to cope with the needs of the growing coal export demand, yet the capital derived from coal sales was pivotal to national building following the civil war.7

In the 1990s, the Government of Mozambique approved the participation of private capital in the rehabilitation, exploitation, and management of rail and port infrastructure and services, ceasing the exclusivity regime of the operation of the railways and ports to state-owned entities.

In 2011, with the promulgation of Law No. 15/2011, the guidelines were established for contracting, implementing and monitoring public-private partnerships (PPPs), large-scale projects (LSPs) and business concessions (BCs). Under Law No. 15/2011, PPPs, LSPs and BCs are defined as:

  • PPPs – All projects that involve an agreement between public entities in Mozambique and private entities under which the latter contracts to implement and manage public interest projects, services and activities, bearing some or all of the financial and other risk involved
  • LSPs – All investment projects authorized or contracted by the Government of Mozambique, the value of which exceeds 12,500 million meticals at value date January 1, 2009 (roughly US$500 million at prevailing exchange rates at the time)
  • BCs – Projects carried out under contracts aimed at prospecting, exploring, extracting or exploiting natural or other resources or other assets belonging to the state

The enactment of this law was a landmark in Mozambique's quest to attract private investment and promote efficiency and transparency with these types of projects.

Notwithstanding these trends toward a broader participation of the private sector, CFM continues to play an important role in Mozambique's infrastructure development. It continues to control the management of some principal railways and ports. These include the Sena-Beira railway, which is used for the transportation of coal produced in the Tete province to the coast, and the Beira port, which is an important export exit for the country's interior and landlocked Zimbabwe, Zambia and Malawi.

CFM's portfolio of development initiative includes infrastructure and logistics projects across a range of industries, such as the reconstruction of the Machipanda railway connecting the Beira port to Zimbabwe, creating opportunities around the transport of fertilizers, wheat, rice, granite and fuel, and the development of a new coal terminal in Beira (Figure 2).

The Sena-Beira railway is not sufficient for the export of the volumes of coal being produced in the Moatize area. This has forced larger mining companies to look for more efficient alternative routes and integrated logistics solutions to transport coal from the inland basins to seaports for export.

The need for a more efficient solution underpinned the landmark project for the connection of brownfield and greenfield railways in Mozambique and Malawi sponsored by Vale S. A., the Brazilian mining company, and the Japanese company Mitsui & Co., which also included the construction of a new deep sea coal terminal in Nacala-a-Velha in Mozambique (the Nacala Project).

CROSS-COUNTRY PROJECTS AND REGIONAL DEVELOPMENT

The infrastructure needed for Mozambique's growth in coal production can have a much wider economic, political and social impact and be more attractive to investors if it is developed based on a regional strategy, bearing in mind the country's many landlocked neighbors.

Infrastructure development projects that cross national borders can result in stronger regional economic growth and integration. Economic connectivity reduces the likelihood of conflict between countries, fosters the increase of GDP per capita and enhances education levels in the workforce, creating a virtuous cycle of economic growth, stability and socio-economic development.

In the case of Mozambique, cross-border infrastructure is vital for the integration of landlocked economies and the facilitation of trade in goods and services. Cross-border road and rail infrastructure can help address logistics bottlenecks to regional integration and facilitate economic transformation of Mozambique and those economies, because local and foreign investors can look at opportunities from a regional perspective.

The Nacala Project is a good example of this type of cross-jurisdictional project. It starts in the Moatize area in the western part of Mozambique, crosses Malawi and terminates in two seaports: one for general cargo and one for coal in Mozambique's Nacala-a-Velha. The project enables landlocked Malawi to use the railway to import goods and export its production of cotton, tobacco, pigeon peas, sugar and other products. Importantly, it also improves the transport of passengers between the two countries, giving the project a much wider base of stakeholders.

TRADITIONAL AND NEW INVESTMENT PROTECTION MEASURES

Cross-border projects naturally give rise to investment protection issues, usually covered by bilateral investment treaties (BITs), and to legal issues relating to the different and often conflicting jurisdictions where two or more countries are involved.

Mozambique is party to 27 BITs. But with the exceptions of South Africa and Zimbabwe (in which BITs have been signed, but are not yet in force), the country has no such treaties with neighboring countries, all of which have their own and differing regulations. This requires tailor-made solutions to manage typical investors' risks specific to the countries involved in a particular project.

In the case of the Nacala Project, there was no Mozambique-Malawi BIT, and differing rail infrastructure regulations meant that the countries had to find specific solutions to enable cooperation. A key part of the solution was to establish an intergovernmental agreement (IGA), setting out guidelines for the interaction of both countries during the operation of the project. In the IGA, the countries recognized the need for adequate and efficient routes for regional and international trade and the desire to promote good neighborliness and peaceful cooperation for the benefit of their people. Interestingly from the investors' point of view, Mozambique and Malawi were prepared to amend an initial IGA when the Nacala Project was project financed.

Similar opportunities exist in several other parts of southern Africa and in other parts of the continent, where infrastructure projects could benefit from similar legal hybrid structures, incorporating innovative instruments such as IGAs to provide comfort for sponsors and lenders that local legal specificities will be carefully thought through and addressed in advance, thus reducing project risks for investors and host states.

In Mozambique, there is clearly further opportunity for the country to offer its landlocked neighbors—such as Zambia, Zimbabwe, Malawi and Botswana—export and import routes via its railways and seaports.

For example, Botswana has an estimated 200 billion tons of coal reserves in the east side of the country in the Selebi Phikwe coal region. Botswana also benefits from good political and economic stability, and the government is eager to finance construction of trans-regional highways and railways to create capacity to transport general cargo, minerals, fuel and passengers through Zimbabwe to a Mozambican port in the south of the country.

MOZAMBIQUE'S INVESTMENT PROTECTION MECHANISMS TESTED FOR THE FIRST TIME

The spring 2018 edition of Africa Focus described Mozambique's well-developed investor protection landscape, which is generally available to investors from countries that have a BIT in force with Mozambique. Mozambique's BIT system is being tested for the first time in two investor-state disputes: Oded Besserglik v Republic of Mozambique, concerning investments in the fishing sector, and Cementisti CMC Di Ravenna SOC Coop v Republic of Mozambique, concerning road construction projects in Mozambique.

The first BIT case ever filed against Mozambique was brought pursuant to the Mozambique-South Africa BIT 1997.10  The claimant, a South African national with investments in shrimp fishing and trading operations in Mozambique, claimed that the indirect expropriation of prawn-fishing quotas adversely affected its investment in a fishing operation. Although there is limited publicly available information on the dispute, Mozambique seems to have contested jurisdiction on the grounds that the BIT is not yet in force, pending ratification by both houses of parliament in South Africa.11 While this first case is well advanced, there were no jurisdiction or merits awards issued at the time of publication of this article.

The second BIT case filed against Mozambique commenced in July 2017, pursuant to the Italy-Mozambique BIT 1998.12 The claimant is an Italian construction company, which has been involved in large-scale highway construction and other infrastructure projects in Mozambique.13  The proceedings are still in their initial phase and will take a number of years to be concluded.

Mozambique's participation in those two proceedings demonstrates that the country is engaging with the systems in place to protect foreign investment.

Mozambique's engagement in BIT disputes, combined with its potential willingness to assist cross-border investments through the signing of IGAs, is good news for investors who wish to invest in the country's infrastructure and have regional aspirations.

RESOURCES INFRASTRUCTURE AS LEVERS TO ECONOMY DIVERSIFICATION AND INTEGRATION

While the short- to mid-term economic development of Mozambique and many other African countries remains linked to exploration of natural resources, the development of infrastructure to exploit those resources will remain a crucial enabler of that development, economy diversification and regional integration.

Infrastructure projects associated with exploration and extraction of mining resources can promote economic and social impacts for the countries involved. In addition to traditional project documentation, BITs and other well-known treaties and conventions, investors in cross-border or regional projects could also look into creative structures such as IGAs, which place their projects in the context of a wider cooperation between two or more states.

In some cases, these creative structures will make the difference between whether a project can proceed or not.

1 World Development Report 1994: Infrastructure for Development.
2 BMI research, Mozambique Country Risk Report, Q2 2018.
3 ITC Trade Map.
4 BMI research, Mozambique Country Risk Report, Q2 2018.
5 BMI research, Mozambique Mining Report, Q3 2018.
6 BMI research, Mozambique Country Risk Report, Q2 2018.
7 BMI research, Mozambique Country Risk Report, Q2 2018.
8 http://sharemap.org/jkan/railway/Railways_in_Mozambique.
9 http://www.cfm.co.mz/index.php/pt/sobre-o-cfm/cfm-na-regiao.
10 Oded Besserglik v Republic of Mozambique (ICSID Case No. ARB(AF)/14/2).
11 ‘Businessman sues SA too', The Citizen, 3 February 2018.
12 Cementisti CMC Di Ravenna SOC Coop, CMC MuratoriCementisti CMC Di Ravenna SOC Coop ARL Maputo Branch and CMC Africa, and CMC Africa Austral, LDA v Republic of Mozambique (ICSID Case No. ARB/17/23).
13 Z. Williams, ‘Mozambique faces another investment treaty arbitration', IA Reporter, 17 July 2017.

Bruna Beloso, associate at White & Case assisted in the development of this publication.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© White & Case LLP | Attorney Advertising

Written by:

White & Case LLP
Contact
more
less

White & Case LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.