6.1. Step 1: If the value of the target’s assets in Namibia and its turnover in, into, or from Namibia are each ≤ NAD 15 million (approx. USD 812,000, EUR 751,000*) the transaction does not require notification or approval. If either of these amounts exceed NAD 15 million Step 2 must be considered.
6.2. Step 2: If the combined total of the higher of each party to the transaction’s value of assets in Namibia and turnover in, into, or from Namibia is ≤ NAD 30 million (approx. USD 1.62 million, EUR 1.50 million*) the transaction does not require notification or approval.
6.3. Transactions Below Thresholds: The NaCC has the authority to demand notification of a transaction that falls below the mandatory notification thresholds if it “considers it necessary to address the merger in accordance with the Act.” This provision is broadly framed, granting the NaCC significant discretion to request notifications. For example, the NaCC has exercised this power to make its approval conditional on the notification of all future transactions, including those that do not meet the thresholds.
6.4. Note: for the second step the calculation is based on the combined total of the higher of each party’s assets and turnover. If, for example, Party A’s asset value is higher than its turnover and Party B’s turnover is higher than its asset value, these figures are combined (as opposed to taking the higher of the party’s combined assets or combined turnover).
6.5. Note: approximate USD and EUR figures are provided for convenience based on the average of the Bank of Namibia’s monthly average bilateral NAD/USD rates for the last complete calendar year (2023: USD 1 = NAD 18.4502, EUR 1 = NAD 19.9534). Threshold and exemption figures are always rounded down, other figures follow standard rounding rules.
6.6. The above thresholds will be applicable to all sectors.