For many years, our lawyers have helped clients benefit from foreign investment opportunities in challenging regions, including in Asia, Africa, Eastern Europe, and the former Soviet Union. Our experience representing both businesses and host governments helps us understand foreign investment challenges and better represent both types of clients.
Business Clients
We have assisted businesses from the United States, Europe, and Asia wishing to invest in countries with barriers to direct foreign investment, such as inadequate legal regimes, underdeveloped physical infrastructure, and armed conflict.
Our services in this regard include:
- Identifying and evaluating financial and legal incentives for investment, including international investment treaties and agreements, tax incentives, and international assistance programs.
- Assessing legal, political, and economic barriers to investment, such as expropriation, currency controls, entry and import restrictions, and restrictions on the export of profits and products.
- Negotiating with host governments to secure all necessary licenses and permissions to do business and produce and distribute products, develop natural resources, construct infrastructure and facilities, and provide services.
- Maintaining positive relations with governing authorities throughout the lifetime of the investment.
- Ensuring compliance with the Foreign Corrupt Practices Act and other anti-corruption laws.
- Protecting the investment from legal uncertainty, bureaucratic obstacles, inadequate legal structures, and abusive tax laws or administration.
- Establishing business relationships with local partners.
- Managing and resolving disputes through settlement, mediation, arbitration, and litigation.
- Advising on provision of physical security of facilities and personnel and managing the legal risks associated with security operations.
- Advising on country/region-specific risks and responses.
Government Clients
We have assisted the governments of states and regions interested in encouraging foreign investment to speed economic growth while maintaining appropriate safeguards for their domestic industries and economies.
Our services in this regard include:
- Assisting governments in drafting policy and legislation in line with international laws and norms familiar and attractive to foreign investors.
- Identifying and evaluating financial and legal incentives to encourage investment, including international investment treaties and agreements, tax incentives, and international assistance programs.
- Assessing and, as necessary, revising the host country’s legal, political, and economic features that may deter investment, such as currency controls, entry and import restrictions, and restrictions on the export of profits and products.
- Assisting governments to screen potential investors, including designing and managing competitive bidding procedures that conform to international standards and practices.
- Advising governments on negotiating agreements with foreign investors to protect and benefit host governments and their citizens.
- Advising on laws to facilitate, finance and regulate those providing physical security for investors’ personnel and facilities, whether they are host government police and military personnel or private security contractors paid directly by the investors.
- Helping government clients draft and enforce anti-corruption statutes.
- Advising host governments on international dispute resolution options, such as international commercial arbitration, that will be fair to both host governments and investors.
