Investment Regulation and Compliance

For more than twenty years, H&R attorneys have helped numerous clients increase their trade and investment activities while contributing to lowering their costs. With activities in over fifty countries, H&R attorneys have counseled private and public clients on numerous commercials issues, specifically including the negotiation of investment and trade deals, increased transparency in the availability of remedies, as well as concerning disputes between individual parties or regulatory matters with various government agencies. We offer a variety of strategic services to our clients, from designing cost and tax-effective investment strategies, to securing regulatory approvals, implementation on-the-ground of the strategy with support from associated companies in providing a turn-key solution which mitigates risk (an important factor for U.S. persons in Myanmar, due to continuing U.S. sanctions and other reporting requirements).

Almost all investments have risks, in particular in frontier economies. We have, for almost thirty years, advised clients who have invested in countries which were experiencing substantial change. Specifically, our attorneys have analyzed various forms of investment, from sales representative offices, to branches, to joint ventures, to “Greenfield” investments, to acquisitions and divestitures, including business conduct.

We have advised clients of different sizes, from corporations with multi-billion revenues, to SME (Small and Medium-size Enterprises), and individual investors. Our work spans multiple industries, in all business aspects (e.g. manufacturing, distribution, services). We specialize in helping clients invest and succeed in emerging and frontier markets, where the rules are less well defined, and personal relationships of trust sometimes count for more than dealing with multiple layers of the bureaucracy.

Compliance with U.S. and other trade sanctions concerning Myanmar
  • Interpret U.S. legislative and executive branch sanctions, and OFAC application to relevant transactions concerning Myanmar
  • Advise on reportable issues, and prepare reports
  • Counsel on OFAC’s licensing process
  • Undertake compliance audits and provide assessments with specific recommendations to eliminate areas which could create violations or conflicts of interest
  • Provide compliance and ethics training specific to Myanmar, including FCPA, UK Bribery Act 2010, the OECD Anti-Bribery Convention, the new Myanmar Anti-Corruption Bill, etc.
  • Assist trading clients in compliance with certifications of origin, Buy American Act, product performance, quality assurance, U.S. Export Controls and Exon-Florio.
  • Guide foreign investors on the Myanmar Investment Commission (“MIC) and Directorate of Investment and Company Administration (“DICA”) regulations, as well as procedures

Furthermore, HRMR attorneys, and their affiliated advisors, counsel their clients on all Myanmar and U.S. import and export control issues, including those concerning:

  • Preparation of applications for customs valuation and import compliance licenses in Myanmar or in the U.S. (e.g. Departments of the Treasury, Commerce, State, etc.)
  • Internal compliance and reporting policies and audit procedures
  • Investigations and compliance training, including drafting of reference manuals
  • Appeal procedures to Customs to release goods and reduce penalties
  • Formation of free-trade and/or special industrial zones, including designing policies on the management of import duties
  • For exporters, dealing with labeling requirements and markings regarding country-of-origin

99B Myay Nu Street, LAMAI Condo, Suite 6D, Sanchaung Twp., Yangon 11111, Myanmar - Phone: +95 1 230-5935
©2015 Herzfeld Rubin Meyer & Rose Law Firm Limited. - Legal Info