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The mining law in Myanmar is currently in a state of flux. Old laws are being replaced by modern regulatory framework, and the opportunities for foreign investors are increasing. Myanmar is truly a new frontier for extractive industries, with its reserves of gold, copper, lead, zinc and others.

The strongest aspects of our Myanmar mining practice are our local knowledge of the concession process, our practical experience with regulatory framework and our access to the Ministry of Mining. We deliver the combined outstanding legal and tax expertise in the region together with our deep understanding of the commercial and financing aspects of the mining industry.

Project procurement, consenting and planning

Because of our close working relationship with the Government, whom we advise and act for on numerous projects, and our strong presence in Nay Pyi Taw, we are in an excellent position to assist clients in the initial stages of mining concessions. We often assist our clients to stay in touch and to follow up on the progress of their matters with the Ministry of Mining, the Department of Geological Survey and Exploration (DGSE) and the Myanmar Investment Commission (MIC).

  • Prospecting, Exploration and Feasibility Study Agreement
  • Negotiation with MOM, states and regions
  • Assistance with preparing bids and proposals
  • Liaison with DGSE, MOM, MIC

Project documentation

Our clients primarily seek our assistance with respect to the Myanmar law issues of the contractual framework, which may include a number of documents, including:

  • Memorandum of Agreement (MOA)
  • Joint Venture Agreement (JVA)
  • Prospecting, Exploration & Feasibility Study Agreement (PEFSA)
  • Production Sharing Contract (PSC)
  • Farm-in and acquisition

Investment licensing

Our multi-disciplinary team includes foreign legal experts, local attorneys and accountants, allow us to assist clients with the MIC process. MIC permits is a core competency of our firm. Clients choose us because of our partner engagement, the wide scope of our service (which includes preparing and correcting the financial portion of the proposal) and the sheer volume of proposals we have already managed and completed with the MIC.

Land access and compensation

We provide a wide range of services in connection with land access and land use issues:

  • Compensation
  • Land use acquisition
  • Regulatory approvals and registrations

Regulatory

Our regulatory team includes lawyers and regulatory experts with compliance and technical backgrounds. We have extensive experience in the following areas:

  • Environmental and social aspects
  • Construction permitting
  • Import licensing
  • Foreign exchange
  • Labor compliance
  • Immigration matters

Mining services

Our team has broad practical experience assisting mining service companies. Our services comprise:

  • Myanmar law aspects of contractual documentation
  • Regulatory approvals, immigration, import licensing
  • Registration of commercial presence, tax registration
  • Permanent establishment issues

Taxation

We are uniquely placed to advise on the most tax efficient onshore and offshore corporate structure for investments in Myanmar’s resources sector. We advise our clients on the tax implications of the full lifespan of a mining project.

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