Infrastructure Projects. Public-Private Partnership

AEQUITAS is regularly supporting infrastructure projects of great importance 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. The firm was engaged as a legal advisor for a project involving creation of an artificial island in the Caspian offshore zone and construction of oil pipelines and infrastructure projects in the Caspian Sea ports, provided preliminary legal evaluation for the construction of a ski resort, and advised the Government of the Republic of Kazakhstan in connection with construction of the Almaty-Astana motorway. AEQUITAS' recent projects involve legal support to infrastructure projects using alternative energy sources.

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

AEQUITAS and Kazakhstan Public and Private Partnership Center JSC, main coordinator of the 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 the Kazakhstan's key PPP projects.

International rating agency asialaw (2018-2025) recommends AEQUITAS as Kazakhstan's leading law firm in Projects & Infrastructure (Recommended).

Services

• Advice on different issues of local law (antimonopoly, currency and investment) applicable to infrastructure and PPP projects. Drafting of legal opinions and documents required to implement projects. Analysis of legal risks.
• Client representation and participation in negotiations with the key project participants, including representatives of governmental agencies.
• Advice on project financing, including drafting of legal opinions, deal structuring and development of appropriate documentation, including security instruments.
• Advice and legal assistance in the process of obtaining governmental agency's consents and approvals necessary to implement projects.
• Advice regarding land legal relationships and title to immovable property.
• Environmental advice in connection with project implementation.
• Legal substantiation of the 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, management and financial agreements).
• All-round organizational and legal support to projects, including applying possible schemes and methods to procure state assistance.