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.
BHC assists clients in carrying out their in-country due diligence on prospective local infrastructure and industrial project opportunities and on potential local partnerships. Our advice covers the structure and formation 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. We also assist with negotiating all of 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; as well as 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. To this end, we empower our clients by introducing them to, and fostering their relationships 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 that may arise when partnering with State-owned enterprises (SOEs) or other GoI entities.
In addition, BHC is capable of advising and assisting 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 following sectors:
- oil and gas
- energy and utilities
- maritime and ports
- aviation and airports
- roadways and railways
As an Iraq-based firm, BHC provides advice on the incorporation of Shari’a-compliant Islamic finance facilities into the overall structures of complex international multi-sourced infrastructure and industrial project financings.