INTERNATIONAL BUSINESS
AND CORPORATE OPERATIONS,
FINANCIAL AND INVESTMENT PROJECTS,
AND OTHER CROSS-BORDER BUSINESS TRANSACTIONS AND ACTIVITIES
Overseas business and corporate operations, investment and financial projects, as well cross-border transactions and activities, require a wide range of legal services both in the US as well as in the foreign location(s) where the business activity or project is to be undertaken. This firm specializes in providing its clients with coordinated legal services to undertake business activities outside of the United States and/or with foreign partners, in the U.S., including:
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Sourcing and negotiation
of financing with international and regional financial agencies such
as the International Finance Corporation (IFC) of the World Bank Group,
the Inter-American Investment Corporation (IIC) of the Inter-American
Development Bank Group, other regional banks, US governmental bodies
such as Export-Import Bank and OPIC, commercial and investment banks,
institutional funds, private investors and other lenders, both US and
foreign, as well obtaining investment guarantees or risk insurance
from the World Bank, MIGA, the Inter-American Development Bank and
OPIC. We also, of course, work cooperatively and in coordination with
private entities financing the proposed project or transaction. |
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In advance of
commitment to an overseas project, providing information and advice
on governmental and local business requirements, practices and procedures,
the availability of investment, tax and other incentives as well as
on possible restrictions and limitations on the proposed overseas activity,
availability and conditions of local financing and other operational
or legal requirements for prospective projects overseas in order that
the client be fully aware, in advance, of alternatives, risks and obligations
that may be incurred and likely benefits obtainable. Please see
also our page on International
Business Consulting. |
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Assisting and
advising on negotiations with foreign prospective partners, joint-ventures,
other strategic and contractual relationships including concessions,
franchises, sales and other overseas business relationships, short
or long-term. |
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Advising on the
applicability of foreign and US laws and the essential coordination
between the two, including choice of law and forum, other jurisdictional
issues, currency exchange issues and problems, enforcement of judgments
and arbitral awards and other essential legal matters that a prospective
investor must be aware of before committing to an overseas relationship. |
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Drafting documentation
for international business relationships from inception, through memoranda
of understanding, to final contractual documents and, whenever necessary,
ensuring compatibility between foreign language and English versions
of such contractual documentation. |
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Assisting and
advising on foreign governmental approval procedures, obtaining investment,
tax and other incentives, facilitating investments and other cross-border
operations and foreign undertakings by obtaining approvals, permits
and complying with other governmental requirements, avoiding obstacles
and negotiating the elimination of restrictions or other profit-reducing
factors. Please see also our page on New
Investor Services. |
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While overseas
investment-oriented projects may take many forms, there has been a
tendency in infrastructure projects to move to the build, operate and
transfer [BOT] model and its variants, especially in privatization
or quasi-privatization projects where the government looks to the private
sector to develop, build, own, operate public utilities, toll-roads
and similar infrastructure projects. We can provide the necessary coordination
and legal guidance that would facilitate a successful project. |
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The firm appreciates
and understands the nuances which are not always readily apparent when
dealing with investment laws and governmental approval processes
as we have not only represented clients in such matters but also have
been retained by governments directly or by international organizations
such as the World Bank, to advice on the elimination of governmental
or other legal practices tending to restrict investment and to draft
legislation to facilitate foreign and other investment. In short, we
understand the process. |
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For example, the
firm recently was retained to study the laws and regulations of Eastern
Caribbean countries relating to investment in the information services
sector [Informatics]. We determined the potential problem areas and
then drafted a model law for these countries to facilitate investment
in this sector. Similarly, we have reviewed and diagnosed laws and
regulations affecting investment and drafted remedial legislation for
countries in Central and South America, the Caribbean and Asia. |
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Our experience
enables the firm to effectively handle, as required in coordination
with local associated firm, the complexities that are common to such
cross-border projects and operations, to facilitate their undertaking,
particularly the process required to initiate investments, to coordinate
and supervise them for the benefit of the client, who may look to one
law firm for the overall responsibility for the legal aspects of the
project, thus to better and cost-effectively achieve the clients’ desired
objectives. |
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The firm has represented clients, both large and small, in international business operations and projects in countries such as Argentina, Brazil, Chile, Colombia, Ecuador, Panama, Costa Rica and Mexico and other South and Central American countries, Barbados, Dominica, St. Lucia, Jamaica, Guyana and other Caribbean countries, Puerto Rico, England, Spain, Thailand, Nepal, Japan, Fiji, Tonga, Australia and other Asian and South Pacific countries, Kenya, the Gambia and other East and West African countries and, of course, the United States. |
