Embed Size (px)
Citation preview
STRUCTURING MINING DEALS IN
EMERGING ASIAN ECONOMIES
INVESTING IN ASIAN MINING INDABA
30 OCTOBER 2012
Brian Gordon, Partner
T: +65 6305 9533
Who are we?
HFW is an international law firm with over 450 lawyers advising clients on the legal issues in relation to all aspects of
international commerce. The firm has 14 offices globally (and 2 associated offices) across 11 countries, allowing us to offer our
clients a seamless one stop international service.
Presentation Structure
Coverage
Regulatory Frameworks
Risks and Issues
How to Structure and Protect your Investment
On the Radar
Questions
Coverage
Indonesia
Mongolia
Myanmar
Regulatory Frameworks
Foreign Investment in Mining Projects
Restrictions
Real estate
Company ownership
Foreign workforce
State participation
Equity rights
Approvals
Incentives
Tax exemptions
Stability agreements
Regulatory Frameworks
Granting of Mining Tenements
Tender
Geographical scope
State controls
Licences/permits
Regulatory Frameworks
Payment Obligations
Royalties
Tariffs
Licence fees
Risks and Issues
Regulatory Issues
Political Risk
Internal Conflicts
Bureaucracy
Corruption
Infrastructure
Structure and Protect Your Investment
Due Diligence
Technical
Financial
Legal
Structure and Protect Your Investment
Insurance
Political risk
State expropriation
Frustration/repudiation of contracts with governments
Business interruption
Structure and Protect Your Investment
Agreements
Pre-emptive rights
Put option
Exit clauses
Protection of minority interests
Jurisdiction and governing law
Enforcement
Structure and Protect Your Investment
Local Partner
Satisfies relevant regulations
Navigate local legislation and bureaucracy
Local recruitment and capital
Structure and Protect Your Investment
Suggested Structure
Singapore HoldCo
Free Trade Agreements
Double tax treaties
Other tax reliefs
Supply chain management
Structure and Protect Your Investment
Foreign
Investor
Singapore
Holding Co
Indonesia
Subsidiary
Mongolia
Subsidiary
Myanmar
Subsidiary
On the Radar
Mongolia
Ban on new licences to be lifted
Securities Markets Law
Indonesia
New licensing regime
Tariff increases
Inflow of US investment to Myanmar
following end of sanctions
New transparency regime in US;
proposed in EU
Questions
Lawyers for international commerce
hfw.com
