Other Legal Support Provided:
International oil and gas industry
Energy finance and project finance
International acquisitions and securities
Export controls, sanctions, compliance, investigations
International claims, litigation and arbitration
Re-instatement and confirmation of international contracts in the petroleum industry
Oil pipelines, gas pipelines, oil and gas shipping
Iraq Transactions and Claims
With the recent opening of Iraq to foreign investment and trade, Haynes and Boone LLP’s multidisciplinary Iraq Transactions and Claims practice group is designed to assist clients with this new market. Our transactional practitioners are available not only to structure and document international projects in Iraq, but also to travel to the host country to negotiate and close the deals. Our finance attorneys are experienced in project finance and obtaining other forms of specialized international credit facilities required for development projects in Iraq. Our international claims lawyers are seasoned international and national litigators who are well acquainted with the resolution of investment, commercial and trade disputes that have arisen from the overthrow of the Hussein regime, and include attorneys who have participated in many international claims and arbitration work. Our claims group also includes specialists in U.S. and international regulations governing trade and investment in many international venues. Haynes and Boone LLP is well positioned to assist clients in pre-entry and entry due diligence, as well as navigating the complex licensing and registration process into Iraq’s reconstruction and bid market.
While United Nation and U.S. sanctions formerly imposed on Iraq limited the role of U.S. companies and attorneys in the past, the circumstances and substantial reductions in risks in Iraq are quite different today giving rise to opportunities in Iraq’s expansive reconstruction efforts. Our Iraq Transactions and Claims Practice Group include lawyers who have decades of experience in the type of work demanded by our clients in Iraq today. By way of example, our attorneys have worked on the following types of projects relating to Iraq:
- Experienced in project finance and obtaining other forms of specialized international credit facilities required for development projects in Iraq.
- Assistance in forming investment groups or other investment vehicles for the conduct of onshore and offshore business in Iraq.
- Representation of lead lender (Overseas Private Investment Fund or “OPIC”) in $150 million facility for Iraq Middle Market Investment Foundation. This included the first loans by major Western banks in that country since the overthrow of Saddam Hussein pertaining to reconstruction efforts.
- Representation of lead lender (Overseas Private Investment Fund or “OPIC”) in $70 million facility for a first of its kind revolving counter-guaranty facility in support of letters of credit issued by the Trade Bank of Iraq, and entity of the Government of Iraq (“TBI”).
- Our international claims lawyers are seasoned international and national litigators who are well acquainted with the resolution of investment, commercial and trade disputes that have arisen from the overthrow of the Hussein regime, and include attorneys who have participated in many international claims and arbitration work. Our claims group also includes specialists in U.S. and international regulations governing trade and investment in many international venues.
- Representing global transportation company involved in parallel federal criminal investigation, suspension proceeding, and civil qui tam action regarding transactions in Iraq.
- Representing an international corporate executive regarding insurgent attacks in Iraq.
- Work regarding the continuing effectiveness of production sharing agreements and related oilfield service contracts predating the change in the Hussein regime.
- Advice on positioning U.S. and foreign companies for commencement of business and reconstruction in Iraq, including assistance in obtaining strategic intelligence on current conduct of business in Iraq.
- Advice on U.S. and U.N. sanction issues, including obtaining trade and regulatory approvals for projects under the U.N. Oil-For-Food Program and providing guidance on maintaining compliance with existing export controls, anti-boycott regulations and the Foreign Corrupt Practices Act.
- Evaluation of possible international investment or commercial claims arising from the Interim Authority’s potential declaration of the invalidity of the Hussein-era concession agreements or the U.N. revocation of approved Oil-For-Food Program contracts.
- Assistance to former U.S. Coalition Provisional Authority on drafting proposed environmental health and safety laws for the Government of Iraq.
Proactive, deal-oriented representation of our clients is not just a slogan but a fundamental approach to business for us. At Haynes and Boone, LLP, we have a particular focus on the energy industry. We are fully conversant with all major forms of agreements for exploration and production of petroleum internationally, their financing, and the litigation of claims arising within the petroleum industry worldwide.
We also provide investment, finance, litigation and regulatory assistance to significant international clients in the construction, agricultural, telecommunications, hospitality, and aviation industries, all of which will gain benefits from and provide benefits to the reconstruction efforts in Iraq.
Our attorneys are active in many industry groups, including the Association of International Petroleum Negotiators, Houston Producers Forum, Houston Petroleum Club and Houston International Arbitration Club. They also serve as top leaders of international bar groups, including the American Bar Association's Section of International Law & Practice, the International Bar Association, and various arbitral institutions.
Although we keep all matters entrusted to us confidential, we recognize the special concerns of companies in the oil and gas industry in keeping their business and prospects confidential. We represent a wide range of clients, from individual entrepreneurs to middle market companies to major multinational corporations, and all receive the same special attention to ensure the confidentiality of their dealings through us.