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Acquiring a Port Terminal Project in Myanmar

Acquiring a Port Terminal Project in Myanmar

April 30, 2018

Although others forms also exist, most port terminals with private interests in Myanmar are “Landlord Ports”. That is to say, the port is leased to the private sector for it to operate the port services, for which it invests capital – generally through a concession.

Highlights

  • What are the assets of a Target in the port sector?
  • Are there any foreign ownership restrictions?
  • Typical terms of a Myanmar port concession agreement
  • Structuring options: which are the possible acquisition structures?
  • Offshore shareholding structure: Use Singapore as a holding jurisdiction?

AUTHORS

Edwin is the senior partner of VDB Loi and a leading foreign legal advisor living in Myanmar since 2012. A frequent advisor to the Government on transactions and privatizations in energy, transportation and telecom, he is widely recognized for his “vast knowledge” (Legal 500) and his ability “to get difficult things through the bureaucracy ” (Chambers, 2016). He advises international financial institutions on their largest Myanmar transactions, oil and gas supermajors, a greenfield multi- billion US$ telecom project and the Japanese Government on the Thilawa SEZ. He assisted two newly licensed foreign banks setup in Myanmar, acted for the sponsor of an 800MUS$ urban infrastructure PPP project and worked on 6 out of 7 power deals inked in 2016.
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Charles is a lawyer qualified to practice in Paris and educated in France, the United States and China. He has extensive experience in Southeast Asia where he has worked on a wide range of energy and infrastructure projects, as well as on regulatory reforms, notably on PPP projects. He is currently advising a wide range of sponsors on renewable and non-renewable power projects.
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