Energy

Myanmar has the world’s tenth largest natural gas reserves, and major oil reserves, both on and off shore. Although it does have a state-owned oil company, the Myanmar Oil and Gas Enterprise (“MOGE”), current legislation has both grandfathered the existing concessions of Chevron and Total S.A., and opened up new fields of exploration for foreign companies. New 793 km. parallel oil and gas pipelines, built by Chinese companies, have already been commissioned and are adding to the gas transportation pipelines to Thailand. The majority of Myanmar’s energy wealth currently lies unexplored both below the surface, as well as above the ground (e.g. hydropower, wind, solar, etc.). Growing demand in Myanmar and elsewhere has given the government an incentive to widen the search for new hydrocarbon reserves, build additional energy-generating infrastructure, and increase production from existing fields.

Our Energy Practice attorneys, together with outside experts, have advised project developers, equipment manufacturers, energy producing and distributing companies, investors, utilities and regulators. HRMR and its affiliated firms combine transactional experience in the energy business with our capabilities in the regulatory field, as well as litigation.

Gas Transportation and Storage
  • Natural gas pipeline transportation contracts
  • Acquisition and divestiture of gas processing and treatment equipment manufacturers
  • Gas processing and treatment strategic joint ventures
Corporate/Mergers & Acquisitions
  • Mergers of natural gas equipment manufacturers
  • National and international mergers and acquisitions of energy and natural resource equipment companies
  • Compliance filings and training (FCPA, Sarbanes-Oxley, the U.K. Bribery Act 2010, the Patriot Act, Burma Responsible Investment Reporting Requirements, etc.)
  • Negotiation for joint venture ownership of energy project
  • Advice to foreign government-owned gas exploration company on public/private partnerships
Project Development

Our attorneys represent clients in energy projects from the real estate lease/purchase and construction, all the way through the regulatory and administrative phases and completion. We aid our clients to: a) incorporate a company; b) finance the project; c) purchase of real estate, or secure rights over real estate (e.g. land lease, concession, BOT agreements, public-private partnerships); and d) obtain specific government permits and authorizations (e.g. energy, environmental, national and local). We also assist clients to obtain grid connection permits, the licensing procedures, operation on the green certificate market, and the start-up of operations.

H&R attorneys have assisted clients with the purchase of existing energy facilities, including participation in tenders, due diligence, transfer of operating agreements, licenses, authorizations, know-how and employee issues. In a recently completed project, HRMR-affiliated attorneys assisted one of Europe’s largest energy firms in the acquisition and operation of a large number of hydro-electrical power plants acquired in privatization from a state-owned company, acquisition of six wind energy projects in various stages of development, investment in a private hydro-electrical power plant project, as well as assistance with the intended development of two brown-field electricity-generation projects in partnership with a state owned electric company. Services included, among other, assistance during the tender process, negotiation and execution of the assets sale-purchase agreements and the drafting and negotiation of project development agreements, due diligence, and obtaining the required permits, approvals and licenses from regulatory authorities.

Renewable Energy

HRMR’s Energy Practice attorneys, together with their colleagues in H&R’s affiliated firms, provide counsel to clients in developing green field energy projects (wind, hydro, and solar energy), concentrating on production, transportation and distribution of renewable energy. For example, HRMR-affiliated attorneys have assisted an international firm in the development (i.e. the structuring, construction, financing, operation) of a wind park and obtaining the required financial support from the EBRD. Projects have involved obtaining governmental preferences, which included grants, loans or loan guarantees, tax credits and accelerated depreciation.

Project Finance
  • Power generation and partial privatization arrangements for government-owned company
  • Structuring of various government-guaranteed syndicated loans
  • Cross-border financing
  • Traditional limited-recourse debt project financing
  • Private placements and Eurobond financings
  • Short-term non-recurring trade financing through commercial or institutional lenders
  • Public financing of projects, including Brady-bonds purchase and sale, general obligation or project revenue bonds, and other forms of public financing
Litigation, Arbitration and Dispute Resolution
  • Representation of energy equipment manufacturing clients in litigation and alternative dispute resolution proceedings
  • Representation of companies and their directors and officers in securities and fiduciary litigation, including stockholder derivative actions, proposed SEC enforcement actions and in inquiries by state regulatory agency officials
  • Resolution of antitrust inquiries of clients by European authorities concerning alleged anti-competitive behavior and unlawful restraint of trade

99B Myay Nu Street, LAMAI Condo, Suite 6D, Sanchaung Twp., Yangon 11111, Myanmar - Phone: +95 1 230-5935
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