Project Finance and Public Private Partnerships Legal Practice
Our “Project Finance and Public Private Partnerships Legal Practice” advises BHC clients in all areas of infrastructure project development and financing (structured and project finance; non-recourse or limited recourse); and it also advises on the various forms of public-private joint ventures and partnerships (“PPPs”)--under Iraq’s legal and regulatory regimes.
We assist clients to carry out in-country due diligence on prospective local infrastructure and industrial project opportunities, and on potential local partners. We advise them on the structuration of the requisite special project entities (“SPVs”), and on the long-term financing of such projects; throughout the different stages of project development and financing. And we draft and assist them in negotiating all the necessary agreements and related documentation—including, the loan and guarantee, engineering, procurement and construction (“EPC”), operation and maintenance (“O&M”), off-take, power purchase (“PPA”) and supply agreements; and the shareholder/sponsor, project, financing, lease, concession, development, and other project documents.
We also advise clients on PPPs in their various forms; including, build-operate-transfer (“BOT”), build-own-operate (“BOO”), build-own-operate-transfer (“BOOT”), design-build-finance (“DBF”), design-build-finance-operate (“DBFO”), design-build-finance-operate-maintain (“DBFOM”), design-construct-manage-finance (“DCMF”), design-build-operate-maintain (“DBOM”), and design-construct-manage-finance (“DCMF”) project finance and PPPs.
In that regard, we assist clients by introducing them to, and forming alliances with, potential Government of Iraq (“GoI”) PPP partners, and advise them on all matters related to GoI policies and regulations in respect thereof; including labor and employment matters when partnering with state-owned enterprises or other GoI entities.
We also advise and assist clients on all related matters involving project sponsors, syndication, venture capital, private equity, real estate and construction, security and collateral, concessions, leases, and guarantees; particularly in the oil and gas, mining, energy and utilities, maritime and ports, aviation and airports, roadways and railways, transportation, telecommunications, and industrial sectors.
We equally advise them on the incorporation of Shari’a-compliant Islamic finance facilities into the overall structures of complex international multi-sourced infrastructure and industrial project financings.