MYANMAR

DUANE MORRIS & SELVAM (MYANMAR)

Duane Morris & Selvam (Myanmar) provides on-the-ground, high-quality counsel to foreign and domestic businesses seeking to seize opportunities while minimizing the inherent risks in the dynamic, emerging market of Myanmar. The firm’s attorneys have built strong relationships in Myanmar with various union government ministries and departments and have worked closely with the Attorney General’s Office for several years.

Headquartered in Yangon, Myanmar, we are able to offer both local and global legal support. Our network of 28 offices and more than 750 lawyers globally enables us to act as effectively for multinational businesses seeking market entry in Myanmar as we do for local businesses seeking to globalise and regionalise their structures. We provide a full suite of legal services for companies seeking inbound and outbound opportunities across a wide range of industry sectors.

The firm’s attorneys in Myanmar (both local and international lawyers) are well-suited to assist in a full suite of practice areas, and focus on foreign direct investment, power projects, infrastructure, real estate and employment.

DISTINGUISHED SERVICE TO MYANMAR AWARD

Significantly, in recognition of our longstanding commitment to Myanmar in representing the Attorney General’s Office in transactional and dispute resolution matters for more than a

decade, we are the only recipient of the Distinguished Service to Myanmar Award by the Attorney General of the Union.

RANGE OF SERVICES

• Mergers & Acquisitions• Corporate Finance• Licensing/Market Entry• Funds, Private Equity & Venture Capital• Project Financing• U.S. Foreign Corrupt Practices Act and UK Bribery Act Matters• Corporate Commercial• Corporate Real Estate• Dispute Resolution (Selvam LLC)• Intellectual Property• Tax• Banking & Finance• Energy, Oil & Gas

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INDUSTRIES SERVED

• Oil & Gas• Real Estate • Infrastructure• Telecommunications• Private Equity • Resources • Manufacturing • Food, Beverage & Hospitality • Project Finance • Technology, Media & Telecommunications

ACCOLADES

• Top Tier Firm for Corporate and M&A and Tier 2 Firm for Projects (including Energy) in Myanmar by The Legal 500, Asia Pacific 2018.

• Ranked in 2018 Chambers and Partners Asia Pacific and Chambers and Partners Global as a Recommended Firm for General Business Law (Band 3) and General Business Law: International Firms.

• The Legal 500, Asia Pacific 2018 lawyer rankings: Krishna Ramachandra: Leading Individual for Corporate and M&A; Recommended Lawyer for Projects (Including Energy)

• Babita Ambekar: Recommended Lawyer for Corporate and M&A

• Rory Lang: Next Generation Lawyer for Corporate and M&A

• Recognized as an M&A Law Firm of the Year (Myanmar) by Corporate Livewire Legal Awards 2016.

DISTINGUISHED SERVICE

TO MYANMAR

EXAMPLES OF OUR MYANMAR-RELATED WORK• Advised First Myanmar Investment Co. Ltd., one of

Myanmar’s most established conglomerates, in relation to the first ever listing on the Yangon Stock Exchange in March 2016.

• Advised Sembcorp Utilities Limited as lead sponsors on the implementation of a $300 million 225MW gas-fired power plant on BOT basis in Myingyan, Mandalay area of Myanmar, the first internationally tendered power project in the country and its biggest gas-fired power station to date. Advised and negotiated all in-country projects documents the MOA, PPA, BOT Agreement, Land Lease Agreement and EPC contracts.

• Advised a subsidiary of a Hong Kong listed company in connection with its joint venture with a Singapore company to provide freight forwarding, non-vessel operating common carrier and other related services in Myanmar through a Myanmar subsidiary.

• Advised on the project finance of a 200MW solar power plant in Minbu, Magway Region of Myanmar.

• Advised a leading energy services provider on oil and gas regulations and their proposed bid for the now-awarded offshore oil blocks in Myanmar.

• Advised on the local Myanmar telecommunications licensing and regulatory framework with respect to the 3G telecommunications licenses.

• Advised a Japanese private equity fund in its investment in a Myanmar company that has been granted a master lease by the Myanmar government to hold and operate the 2nd largest paper and pulp factory in Myanmar.

• Advised a bidder in negotiations with the Ministry of Electric Power and the IFC for a landmark gas-fired IPP power project in Myanmar.

• Acted for Oil India Limited to obtain a Directorate of Investment and Company Administration (“DICA”) permit and advised on various other matters relating to the establishment of its exploration and production base in Myanmar.

• Advised a Myanmar automobile company on being granted exclusive distribution rights of commercial trucks and buses, including reviewing and negotiating a distribution agreement, and advising on relevant laws, regulations and government policy in relation to implementing and structuring to optimize possible investment incentives, comply with best practices and minimize the risks associated with investments in the automobile trading business in Myanmar.

• Advised a foreign investor on the cross-border acquisition of a leading Myanmar interior design and furniture manufacturing company.

• Acted for a Myanmar construction company in an arbitration matter involving a construction project in Myanmar.

• Advised a Japanese aircraft manufacturer in the sale of its aircraft to a Myanmar airline.

• Advised on the market entry and the establishment of the Representative Office for a Taiwanese bank in Yangon with the Central Bank of Myanmar and DICA, and provided on-going corporate secretarial work.

• Advised a Japan-Singapore Consortium on the concession awarded to it by the Ministry of Transport for a new international airport in Bago, Myanmar.

• Acted for an investment company on a US$25 million investment for real estate, land, and commercial leasing for potential development in the commercial and hospitality sectors in Myanmar.

• Acted for RMA Group to negotiate a US$5 million land lease agreement in Myanmar to establish a facility for the sale and maintenance of heavy industrial and agricultural equipment.

• Advised a foreign investor on the cross-border acquisition of two Solar Power Plants and project company in Myanmar worth in excess of US$500 million.

• Advised Mitsubishi, Itochu, and Thai-EXIM in the financing of Myanma Oil and Gas Enterprise’s (“MOGE”) participation in the Yetagun pipeline from Myanmar to Thailand.

• Advised an international premier airline on its start-up operations in Myanmar, including branch establishment, flight operations to Myanmar, employment law, tax and leasing matters.

• Advised the developer and investor on the preparation of all project related agreements from the perspective of tax, insurance and corporate law. The developer has plans to build and operate six solar power plants in Myanmar with a combined power generation output of 420MW.

• Advised a multinational client on FCPA issues and examining recent anticorruption legislation enacted in Myanmar.

• Advised a Singapore-based private equity fund in the real estate and hospitality sector, in the setting up of a hotel development company in Myanmar, including advising and acting as coordinating counsel in relation to the purchase of land in Shan State, Myanmar, for the development of a hotel.

• Advised on financial services licensing and regulatory matters, particularly with respect to the banking industry and the Myanmar Financial Institutions Law, 2016.

• Advised on establishing a non-profit NGO in Myanmar, and also assisted the client on all relevant procedures related to its current activity in Myanmar.

• Advised various alcohol and beverage companies on restructuring and M&A deals in Myanmar and Laos.

• Advised on structuring for the first corporatization of a Yangon-based state-owned distribution utility, as well as legal structure to obtain foreign investment into the newly corporatized entity.

• Advised on the sale of a Myanmar hotel to a Singaporean entity.

• Provided legal and regulatory advice with respect to the establishment of a credit brokering business in Myanmar.

• Provided legal and regulatory advice with respect to the establishment of a micro-finance business in Myanmar.

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This is for general information. The invitation to contact attorneys in Duane Morris & Selvam, or its sister practice Selvam & Partners, is not a solicitation to provide professional services and should not be construed as a statement as to any availability to perform legal services in any jurisdiction in which such attorney is not permitted to practice.

© Duane Morris LLP 2018 | March 2018

FOR MORE INFORMATIONTo learn more, please contact:

MARK WONG Director +65 6311 0048mwong@duanemorrisselvam.com

RORY J. LANGSenior Associate+951 233 9522rjlang@duanemorrisselvam.com

KRISHNA RAMACHANDRA Managing Director +65 9822 5011

kramachandra@duanemorrisselvam.com

DUANE MORRIS & SELVAM (MYANMAR) LIMITED No. 14, Kaymarthi Street (1) Mi Kyaung Kan, Thingangyun Township Yangon, Myanmar www.duanemorrisselvam.com

WANG BEI Associate+951 233 9522bwang@selvamandpartners.com

Duane Morris’ Asian offices in Hanoi, Ho Chi Minh City, Shanghai, Singapore, Taipei and Yangon are backed by a global infrastructure of offices across the United States, Europe and the Middle East.

OFFICE LOCATIONS AND REACH

CN BEILOAssociate+951 233 9522

WIN PHYU PHYU Legal Business Development Executive+951 233 9522 ppwin@selvamandpartners.com

JAMIE A. BENSON Director +65 6311 3660 jbenson@duanemorrisselvam.com