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Mining and Energy
Fognani & Faught offers unparalleled experience, knowledge
and skill to help its clients meet and overcome the many challenges
associated with international mining and energy projects. From start
to finish, our legal services extend to all aspects and phases of mining
and energy projects, including, for example, significant and direct
involvement in each of the following areas:
- Resource exploration
- Feasibility studies
- Project financing
- Governmental permits and licenses
- Stability agreements
- Risk management
- Project structuring
- Taxation
- Personnel management
- Infrastructure development (e.g., road and railway siting
and construction, energy generation and water resources supply)
- Project engineering, design and construction
- Project management and operation
- Compliance with national and international environmental
laws, regulations and standards
- Community relations and support
- Local, regional and national governmental relations
- Product transportation
- Product marketing
- Environmental remediation
- International and domestic dispute resolution (formal and informal) and arbitration
Our clients have projects in a number of countries throughout Asia
and Eastern Europe, including Afghanistan, Bulgaria, China, Kazakhstan,
Kerghistan, Korea, Mongolia, Myanmar, Serbia and Vietnam,
as well as countries throughout the Americas. Working with
our clients over the years on these multinational projects, we have
developed detailed and specialized knowledge and insight with respect
to the governmental, political and legal systems of these countries,
as well as the many tangible and intangible intricacies of doing
business in them.
Most recently, Fognani & Faught has been involved in
the development of several large mineral deposits in Asia. In this
respect, we have negotiated and prepared, among other things, exploration
and mining license agreements; international joint venture agreements
and consortium agreements to develop mineral resources and related
infrastructure; stability agreements; onshore and offshore contracts
for project design, engineering, procurement, construction, management
and operation; and other project-related contracts. In addition,
the Firm has overseen the preparation of other project-related documents
including tax analyses, pre-feasibility and feasibility studies,
environmental impact assessments, financial instruments, press releases.
The Firm has also assisted clients in all aspects of project promotion and financing. Finally, we have been instrumental in establishing
and maintaining strong relations between our clients and various
government agencies, without which their projects would not be possible.
In conjunction with these mining projects, and in close cooperation
with the governments of Mongolia and China, the Firm is also working
with its clients to complete the construction of a series of new,
state-of-the-art power plants and an extensive network of high-voltage
transmission lines in southern Mongolia and northern China. This
work is being coordinated with various Japanese entities and through
efforts of the Japanese Bank for Industrial Cooperation.
In developing joint ventures and consortiums, the Firm has reviewed and advised clients regarding the Kyoto Treaty, as well other international treaties, environmental regulations and energy and mineral laws and regulations.
In representing its clients for international mining and energy projects, the Firm has prepared and negotiated numerous construction contracts, including engineering, procurement, construction and management contracts, both onshore and offshore, as well as appropriate coordination agreements. We also have prepared and negotiated purchase order contracts for long-lead time major equipment purchases, as well as service and manpower agreements for client projects.
Fognani & Faught is United States' counsel for investors from Asia, Canada and Europe, and for investors from the United States. We assisted these investors with complex real estate and business transactions, corporate law, taxation and commercial litigation matters. Additionally, the Firm has guided its international clients through the United States' regulatory process as these companies expand operations, and then assisted them with the numerous matters that have arisen, such as lease negotiations, corporate structuring, tax planning, employment matters and the purchase and sale of commercial and industrial business and property investments. The Firm has experience in large loan transactions and bank syndications for project development and project financings.
As part of its international practice, the Firm counsels and represents its clients in contract disputes and in trademark, trade secret, licensing and other intellectual property matters. The Firm also advises clients on United States' foreign trade controls such as the Foreign Corrupt Practices Act, as well as anti-money laundering regulations. The Firm has in-depth expertise in the establishment of businesses in Europe, the Far East, South Asia and Latin America.
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