In Myanmar, nothing is as it seems. There are significant differences between the theory and the practice when it comes to structuring investment projects, licensing and market entry. In this in-depth presentation, Clifford Chance teams up with Myanmar law firm VDB Loi to prove an on-the-ground perspective. Edwin Vanderbruggen (VDB Loi) goes far beyond general high-level comments. He explains how actual deals work, how the Government really applies the foreign investment rules, and what you can achieve in practice from the authorities. Using real-life deals as illustrations, it is a thorough and rare inside look into this newly opened market.
Setting up a structure for onshore or offshore oil and gas exploration
– 5 misgivings on the tax structure of Myanmar PSCs
– Dispute resolution, clauses on re-introduction of sanctions
– Are financing expenses cost-recoverable and tax deductible?
Development and financing of real estate and infrastructure
– Tax implications of pre-sales and assignment of occupancy rights
– Is the Commercial Tax a cost to the developer?
– Lessons learned from the international airport per-qualifications
Licensing and structuring a gas-fired power generation project
– Impact of the Commercial Tax on the project
– How to devise a profit repatriation strategy?
– Outward remittances of foreign currency
FMCG: Joint venture of a manufacturing and distribution company
– For which activities do I need a joint venture?
– Moving license, assets and land from the local partner to the JVco
– Can I distribute without manufacturing in Myanmar?
– What is the tax impact on your business model?
– Can I have foreign arbitration in the transaction contracts?
Market entry options for a service company
– Can I provide services in Myanmar without opening a presence?
– What is the best option: branch, normal subsidiary or with investment license?
– Assigning staff to Myanmar