Navigating Global Tides: An Analysis Of Cross-Border Transactions In Nigeria

• Published date: 02 April 2024
• Subject Matter: Corporate/Commercial Law, Government, Public Sector, International Law, M&A/Private Equity, Inward/ Foreign Investment, Corporate and Company Law, International Trade & Investment, Securities
• Law Firm: S.P.A. Ajibade & Co.
• Author: Mindy Okibe

Introduction

Nigeria is an important player within the African and global economies. With significant imports and steadily growing exports, cross-border transactions are necessary for the flow of trade and investments.

The intricacies of cross-border transactions in Nigeria are explored in this article, along with the factors that influence them, the regulatory frameworks that shape them, the role of technology in such transactions, and the associated challenges and opportunities.

Motivations Behind Cross-Border Transactions

A multitude of variables drive cross-border commerce in Nigeria. The pursuit of diversity by companies looking to grow internationally is a key motivator. The growth in cross-border activity is attributed to the emergence of multinational firms, a rise in foreign direct investment ("FDI"), and Nigeria's advantageous location as a regional economic hub in West Africa. Additionally, Trade policy liberalisation in conjunction with the search for new markets and expansion prospects, increases cross-border trade and promotes regional and global economic integration.¹

Regulatory Framework Governing Cross-Border Transactions in Nigeria

Cross-border transactions in Nigeria are governed by a comprehensive regulatory framework that includes the following:

Central Bank of Nigeria and Foreign Exchange Regulation

The Central Bank of Nigeria ("CBN") is the central institution regulating cross-border transactions in Nigeria. The CBN is essential to monitoring and controlling foreign exchange activities and maintaining the value of the nation's currency, the Naira. Trade finance, foreign investment, and remittances are just a few of the foreign exchange activities that fall under the purview of the CBN's regulatory rules. The Foreign Exchange Manual published by the CBN acts as a thorough guide, outlining the legal specifications, acceptable transactions, and paperwork required for cross-border operations.²

The Investment and Securities Act 2007 and Supervision by the Securities and Exchange Commission

The Investment and Securities Act 2007 (the "ISA")³ establishes the legal foundation for governing capital markets and securities activity in Nigeria. The Securities and Exchange Commission ("SEC") is the regulatory agency tasked with upholding the provisions of the ISA and issuing applicable rules and regulations, and maintaining the capital market's integrity and transparency. Cross-border issuances, investments, and trading of securities are examples of cross-border capital market operations governed by SEC rules. Cooperating...