Our Representative Experience
BHC lawyers and consultants have significant experience assisting foreign companies and individuals doing business in Iraq; as well as assisting bilateral, regional, and international organizations actively involved in-country.
Our lawyers and consultants equally possess Government of Iraq (“GoI”) and Kurdistan Regional Government (“KRG”) public-sector experience, as some have previously served in Iraq’s executive, legislative, and judicial branches.
ere is a brief summary sample of our representative experience to date.
Private Sector Matters
- Business Formation. Advising, and providing related technical assistance support services to, international contractors in Iraq on their local corporate establishment and operational compliance matters; including: strategic advice on the specific forms of business that best serve their corporate objectives and project purposes, while mitigating tax and civil liability; company registrations; legal opinions; and actual post-registration operational start-up and regulatory compliance support.
- Compliant Complex Corporate Structures. Advising natural resources multinational companies on their complex corporate structures, so that they remain compliant with Iraqi laws and regulations.
- GoI/KRG Tenders. Assisting international companies to do business with the GoI and KRG by furnishing legal and strategic advice, and support services, to: identify and bid on GoI and KRG tenders; comply with Iraqi federal procurement laws; prepare and submit bid proposals; negotiate GoI and KRG contracts; secure funding mechanisms and ensure release of funds; and post contract award technical adjustments and appeals.
- GoI/KRG Contracts. Assisting international companies in negotiating various types of commercial, supply, and services contracts with the GoI and KRG, and counseling them on the proper form of business and legal correspondence with the GOI and KRG throughout contracts implementation.
- Post Award Approvals. Coordinating with relevant GOI agencies on behalf of international contractors for the execution of agreed contract business decisions; including, on-the-ground support in implementing strategic decisions, and performing critical transactions--such as acquiring requisite business licenses and sectoral approvals.
- FMS. Advising and assisting major international defense contractors on key aspects of their foreign military sales (“FMS”) transactions with the GoI; including correspondence and direct liaison with Iraqi end-beneficiary entities.
- Visas. Providing legal advice and processing services as primary Iraqi local counsel to foreign contractors seeking to register as visa sponsors with the Iraqi Ministry of Interior; including, processing all required documents and official approvals ensuring entry and exit of client employees through both Iraq and the Kurdistan Region.
- Labor/Employment. Advising clients on Iraqi labor law matters, and drafting Iraqi employment agreements for their in-country local and expatriate employees; and counseling them on related day-to-day employment issues—including, employment termination, non-disclosure and non-compete agreements, and severance pay.
- Social Security. Advising clients on, and assisting them to manage, their employees’ social security insurance, so as to limit in conformity with Iraqi law the clients’ liability in case of employee injuries or disabilities.
- Taxation. Advising on, preparing, and filing income tax returns with Iraqi authorities via licensed Iraqi accountants and auditors; including, corporate tax withholdings and payroll, tax I.D. numbers, and tax file numbers.
- Due Diligence/M&A. Conducting due diligence for international contractors regarding local entities operating in Iraq, and for multinational companies involved in mergers and acquisitions (“M&A”) in Iraq.
- Export/Import. Assisting international contractors in successfully importing equipment and materials into Iraq (Baghdad and Basra), and coordinating with Iraqi customs authorities for their timely release from customs.
- Litigation. Representing international contractors before Iraqi administrative, civil, and criminal bodies, and arranging for the release of their detained employees and/or property held in administrative and criminal proceedings, and arranging the employees’ safe repatriation back to their countries of origin.
- Mediation. Representing international contractors in contractual negotiations to resolve disputes with the GoI and other private companies in Iraq.
- Judgment/Award Enforcement. Assisting international clients in enforcing their judicial judgments and arbitral awards in Iraq.
Foreign Investment Matters
- Foreign Investment Licensing. Advising and assisting foreign investors on all aspects related to applying for and obtaining foreign investment licenses from Iraq’s National Investment Commission (“NIC”), and from the project-relevant Provincial Investment Committee (“PIC”); including, securing the maximum benefits, holidays, and exemptions as provided under the Iraqi Foreign Investment Law.
- Offset Programs. Advising a major international defense contractor on the structuring and negotiation of its offset program, as an integral part of its foreign military sales (“FMS”) transaction with the GoI.
- Supply Contracts. Advising a multinational aeronautic manufacturing company on its aviation supply contract with the GoI; including, related spare parts, maintenance, and technical training.
- Project Finance. Advising on project financing for the development of a major infrastructure project; including, on the possible commercialization of a sector state-owned enterprise as a special project vehicle.
- PPP. Advising an international port builder and operator on the various forms for potential public-private partnership (“PPP”) financing with the GoI.
Multilateral and Bilateral Organizations Matters
- Private Sector Development. Advising on Iraq donor-funded surveys, studies, and projects for the development of the Iraqi private sector, and the legal and institutional framework conditions for the necessary enabling environment.
- Sectoral Assessment. Advising a multilateral financial organization on its sectoral assessment of the ease of doing business in Iraq (Iraq Doing Business Report 2010).
- Commercial Law Reform. Advising a bilateral donor aid agency on its commercial law reform program in Iraq.
- Capacity Building. Advising a bilateral donor aid agency on its administrative capacity building program in Iraq.
- Investor Roadmap. Advising a bilateral donor aid agency on its investor roadmap for Iraq.
- Public Financial Management. Advising on Iraq donor-funded public financial management program for the international standardization of Iraqi public sector accounting and auditing regulations and practices, and recommending measures for enhancing public financial management outcomes.
Public Sector Matters
- Advising Iraq’s National Investment Commission (“NIC”) on improving and streamlining its foreign investor licensing and promotion rules and procedures.
- Advising the High Economic Committee of the GoI’s Council of Ministers, and the Financial Committee and the Economic Committee of the Iraqi Parliament, on the easing of doing business regulations for international contractors operating in Iraq.
- Advising the GoI’s executive offices on Iraqi Federal capital and investment budget planning and execution, coordination with the respective ministries, and requisite administrative capacity development/strengthening programs.
- Advising the GoI on the various forms and modalities for PPP projects in Iraq.
- Advising the GoI on the commercialization and various options for the privatization of Iraqi state-owned enterprises.
- Advising the Central Bank of Iraq on financial and banking sector matters.
- Advising the Coalition Provisional Authority (“CPA”) regarding the CPA 100 Orders’ legal authority within the Iraqi legal framework.
- Advising the Office of the Deputy Prime Minister of Iraq on GoI’s infrastructure reconstruction programs, and on related issues ranging from commercial and tax law to the impact of the international legal regime on the GoI’s plans for updating and modernizing the Iraqi legal framework.
- Advising the Iraqi Ministry of Planning on certain regulatory reforms; including, the contractor classification system, GoI procurement regulations, and the creation of a framework for the development of a micro-lending program.
- Expert Legal Opinions. Preparation and submission of expert opinions on Iraqi law matters to certain foreign judicial courts and tribunals.
- Expert Legal Testimony. Provision of expert testimonies on Iraqi law matters to certain foreign judicial courts and tribunals.
- Commercial Arbitration. Participation in international commercial arbitral proceedings in Iraq, on behalf of national (Iraqi) and international companies.
- Reverse Flow. Assisting and representing (via qualified foreign counsel) Iraqi companies, entrepreneurs, families, and individuals in certain reverse flow investments, and in specific commercial and civil matters, outside Iraq.