Infrastructure Projects. Public-Private Partnership

AEQUITAS is regularly supporting infrastructure projects of great import for different sectors of Kazakhstan economy: energy, transportation, mining, etc. Regardless of the industry and project complexity, the firm’s lawyers possess sufficient experience and knowledge to promptly render legal services necessary to implement the project. During the several years, AEQUITAS acted as a local legal consultant to international development banks under the project financing of the BAKAD - the first concession project of special significance in Kazakhstan, which was awarded the title of Deal of the Year according to the prestigious Refinitiv publication in 2020. Additionally, the firm was involved as a consultant in the process of creation of an artificial island in the Caspian offshore zone and construction of oil pipelines and infrastructure facilities in the ports of the Caspian Sea, and also advised the Government of the Republic of Kazakhstan in connection with the construction of the Almaty - Astana road.

Recently, Kazakhstan has been going proactive in developing the public-private partnership (PPP) sector. Taking into account the state policy pursued in this area and the clients’ interest, AEQUITAS is paying most serious attention to PPP matters.

AEQUITAS and Kazakhstan Public and Private Partnership Center JSC, the main coordinator of PPP projects in Kazakhstan, have entered into a Partnership Agreement. The Partnership Agreement based cooperation implies implementation of joint research projects and joint advice, engagement of the firm’s lawyers to work on legislative framework improvement and access to information on Kazakhstan’s key PPP projects.

Services

• Advice on different issues of local law (antimonopoly, currency and investment) applicable to infrastructure and PPP projects. Preparation of legal opinions and drafting of documents required to implement the projects. Analysis of legal risks.
• Client representation and participation in negotiations with key project participants, including representatives of governmental agencies.
• Project finance advice, including preparation of legal opinions, deal structuring and development of appropriate documentation, including security instruments.
• Advice and legal assistance in the process of obtaining governmental agency consents and approvals necessary to implement the projects.
• Advice regarding land legal relationships and title to immovable property.
• Environmental advice in connection with project implementation.
• Legal substantiation of optimum models for infrastructure projects implementation, including using the PPP mechanism.
• Legal evaluation of project risks and recommendations to optimally allocate these among the project participants.
• Drafting of concession agreements and contracts mediating the PPP projects implementation (including project agreements, construction agreements, and management and financial agreements).
• All-round organizational and legal support to projects, including applying possible schemes and methods to procure state assistance.