Brian Kent Kemple
Foreign investment and PPP · corporate law and M&A · opinions under Kyrgyz law · local counsel to international firms.
Foreign investment & PPP
Foreign investment and public–private partnership
The legal regime of the investment, the form of participation in a project with the state, and the protection of the capital committed — three questions whose answers decide a project's fate more surely than its economics.
Request a legal assessment of your project01
Legal regime
Sectoral restrictions, permissible share of foreign participation, land and subsoil.
02
Form of participation and agreement
PPP agreement, concession, private initiative, allocation of risk in the text.
03
Permits and regulation
Mandatory approvals, the authorised body, tariff and its revision.
04
Protection of the investment
Stability of terms, treaty protection, the forum for a dispute with the state.
What clients come with
A foreign company is weighing an investment and must understand the legal regime of the sector: the permissible share of foreign participation, restrictions on land and subsoil, the mandatory permits, the tax consequences of the structure.
An investor is preparing for a tender for a PPP project or a concession and must assess the allocation of risks — and the grounds on which terms may be revised — before the bid is filed.
A project initiator is preparing a private initiative.
An existing investor has met a change in regulation or tariff and needs to know whether the guarantee of stability of terms has been breached.
An international development bank requires a legal opinion under the law of the Kyrgyz Republic.
A state body or municipality needs an independent review of tender documentation.
An investor is exiting: sale of a stake, assignment of rights, repatriation of profit.
What we do
The legal regime of the investment
- Sectoral restrictions and permissible foreign participation
- Choice of ownership structure and form of presence, with tax consequences
- Application of double-taxation treaties
- Legal and tax due diligence
PPP and concessions
- Assessment of tender documentation and bid preparation
- Private initiative: structuring and submission
- PPP agreements and concession agreements
- Allocation of tariff, currency and regulatory risk
Protection of the investment and disputes
- Guarantees of stability of terms and their operation in practice
- Bilateral investment treaties and the forum for a dispute with the state
- Administrative appeals and proceedings against state bodies
- Exit: sale of a stake, assignment of rights, repatriation of profit
Work in Russian and English, with a partner leading the project.
Practice partner