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.

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.

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, helping clients optimize their position while steering clear of inadvertent legal and ethical infractions.

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 and ethical matters that a prospective investor must be aware of before committing to an overseas relationship.

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.

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.

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.

The firm appreciates and understands the nuances which are not always readily apparent when dealing with investment laws and governmental approval processes.

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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