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Doing business in central asia


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Doing business in central asia

  1. 1. Doing Business in Central Asia with Dentons 6 May 2014
  2. 2. 2 Firm overview
  3. 3. 3 Dentons – the new global law firm in numbers • Offices in more than 75 locations spanning 50-plus countries across Africa, Asia Pacific, Canada, Central Asia, Europe, the Middle East, Russia and CIS, the UK and the US • A network of 22 associated offices in Africa • Over 100 lawyers in UK dedicated to financial institutions • 500 banking and finance lawyers globally • Over 140 financial regulatory/compliance lawyers globally • 800 corporate lawyers globally • Over 545 corporate M&A lawyers globally • 7th largest law firm in the world • Over 2,600 lawyers and professionals • Over 450 DR lawyers globally
  4. 4. 4 We are where you need us Canada United States Europe Central and Eastern Europe Africa Middle East Asia Pacific Calgary Edmonton Montréal Ottawa Toronto Vancouver Atlanta Boston Chicago Dallas Houston Kansas City Los Angeles Miami New Orleans New York Phoenix San Francisco Short Hills Silicon Valley St. Louis Washington, DC Barcelona Berlin Brussels Frankfurt Madrid Paris Zurich Bratislava Bucharest Budapest Istanbul Prague Warsaw Accra Algiers Bissau Bujumbura Cairo Cape Town Casablanca Dar Es Salaam Johannesburg Kampala Kigali Lagos Luanda Lusaka Maputo Nairobi Nouakchott Port Louis Praia São Tomé Tripoli Abu Dhabi Amman Beirut Doha Dubai Kuwait City Manama Muscat Riyadh Beijing Hong Kong Shanghai Singapore United Kingdom Russia and the CIS Central Asia London Milton Keynes Krasnodar Kyiv Moscow Rostov on Don St. Petersburg Tbilisi Almaty Astana Ashgabat Baku Tashkent 2,600 lawyers and professionals
  5. 5. Strong footprint in Russia and CIS Russia, Kazakhstan, Ukraine, Uzbekistan, Azerbaijan + cooperation agreements with law firms in Belarus, Georgia, Turkmenistan over 230 lawyers 8 countries over 30 years of experience in the region
  6. 6. Focus on Russia The largest ILF presence in Russia • Moscow: 125 lawyers, including 26 partners • St. Petersburg: 29 lawyers, including 4 partners. Awarded International Law Firm of the Year in Russia Shortlisted for International Law Firm of the Year in Russia and the CIS Extensive experience in Russian regions: Rostov-on- Don, Krasnodar, Kaluga, Ryazan, Samara, Chelyabinsk, Nizhny Novgorod, Veliky Novgorod, Cherepovets, Tver and Volgograd, etc. At a glance Transactional track record in Russia starting in the 1970s. Supported by a team of dedicated multilingual lawyers based in key financial and political centers, including Frankfurt, Berlin, Paris, Brussels, London, New York and Washington.
  7. 7. 7 Dentons in Central Asia
  8. 8. The Central Asia presence 8 Kazakhstan Almaty office: 5 Partners 2 Of Counsels 26 Associates 5 Paralegals Astana office: 1 Partner 2 Associates Tashkent office: 1 Managing Associate 1 Senior associate 1 Of Counsel 1 Senior Associate (based in the Almaty office) Turkmenistan Ashgabat associate office 1 partner 12 associates Uzbekistan Kyrgyzstan
  9. 9. Leading in Central Asia We were one of the first firms to enter the market in Central Asia after the break up of the Soviet Union in 1991 and are now the largest international law firm in the region. • Our experience in Central Asia originated in Kazakhstan, having worked on a number of oil and gas projects in the early 1990’s and negotiating the first mining license awarded to a foreign investor. Kazakhstan is the hub of our Central Asia practice, with over 40 lawyers and legal practitioners. • Over the years, Dentons lawyers have advised clients in Kyrgyzstan, and some of our lawyers have spent a substantial part of their career working on Kyrgyz projects, both for multinational companies and for governmental entities. Although Dentons does not maintain a dedicated office in Kyrgyzstan, we employ Kyrgyz lawyers in our Almaty office. With their involvement, we have successfully implemented projects of various sizes related to Kyrgyzstan in recent years. • In Uzbekistan, we have been facilitating our clients’ entry into the market for over 18 years, guiding them in matters of local law and business practice and assisting them in negotiations with government agencies and institutions. The expertise of our Tashkent office is highly regarded by legal sector experts and is ranked as ‘top tier’ in the leading legal directories. • Our experience in Turkmenistan also dates back to the early 2000’s. In January 2009, we signed an association agreement with AK Counsel, one of the few licensed law firms in the country. The team focuses its advice on project work and foreign investments and combines their expertise to provide legal advice on cross border transactions and inward investments into this emerging market. 9
  10. 10. International recognition 10 Chambers and Partners - 2014 • Corporate & Finance • Energy & Natural Resources • Dispute Resolution Legal 500 - 2014 • Best law firm in Kazakhstan based on client and peer feedback IFLR1000 – 2013/14 • Leading Law Firm in Kazakhstan in Financial and Corporate Law PLC Which Lawyer? - 2012 • Leading law firm in Kazakhstan in Energy and Dispute Resolution and highly recommended for Corporate/M&A
  11. 11. Mining law in Kazakhstan • Foreign and domestic entities are treated equally in terms of acquisition of mining rights • Flexibility to incorporate in Kazakhstan or to use Canadian corporation • Strong corporate teams in Kazakhstan and Canada support this flexibility • Subsurface users have to give preference to local personnel, suppliers and contractors • Multi-faceted legal team ensures that you are provided with quality service by single law firm • The state has pre-emptive rights with respect to transfers of subsurface rights and with respect to sale of minerals • In having well-established international partner when dealing with local governments • With a Canadian team, have face-to-face point of contact without relying entirely on foreign legal team 1100 May 2014
  12. 12. Recent mining related legal developments In February of 2014, Kazakhstan’s Prime Minister Serik Akhmetov requested that the Ministry of Industry and New Technologies prepare a revised Mining Code • To be completed by July 1, 2014 • Drafted with input from the mining industry • Goal of increasing foreign investment to revitalize mining industry • Following lifting of moratorium on granting mineral rights in 2013 • Simplifying procedures for granting mineral and metals exploration rights • Simplifying mining rights agreements • Improving access to geological information 1200 May 2014
  13. 13. Recent mining related legal developments (cont’d) A primary focus of the new Mining Code is to simplify procedure for obtaining subsurface rights • Current procedures are limited to a tender process • Government-produced list of areas open to exploration/production • One month open application process • At least four months before tender is held • Various information required and multiple factors taken into account • New Mining Code proposes new procedures • New designated areas • Auction procedure – reduced criteria and requirements • First come, first serve – based on Canadian model 1300 May 2014
  14. 14. Advantages of using Dentons There are a number of significant advantages in using a law firm with professionals on both sides of cross-border transaction. • A trusted local partner who can assist with: • Drafting • Translation • Negotiation • Due diligence • Polycentric – no single headquarters • Offices are view as portals to each other • A law firm on both sides of the border that is equally invested in you as a client • Well-established communication between offices reduces cost and delays • Experienced mining teams in Canada and Kazakhstan • Fluent Russian speaker in Vancouver office 1400 May 2014
  15. 15. 6 May 2014 Learn more at © 2014 Dentons Dentons is an international legal practice providing client services worldwide through its member firms and affiliates. This publication is not designed to provide legal or other advice and you should not take, or refrain from taking, action based on its content. Please see for Legal Notices.
  16. 16. 6 May 2014 © 2014 Dentons Dentons is an international legal practice providing client services worldwide through its member firms and affiliates. This publication is not designed to provide legal or other advice and you should not take, or refrain from taking, action based on its content. Please see for Legal Notices. The preceding presentation contains examples of the kinds of issues companies dealing with mining law could face. If you are faced with one of these issues, please retain professional assistance as each situation is unique.