Environmental Due Diligence (EDD) is designed to evaluate potential liability costs associated with environmental issues and is an important part of most merger and acquisition (M&A) procedures. 

Environmental Due Diligence is a relatively new discipline. Although prior to 1980s it was virtually unheard of, today it is an integral part of the transaction process undertaken predominantly by purchasers, but increasingly by vendors as well. The process has evolved over the past twenty years and may now include analysis of health and safety (H&S), employees’ exposure to toxic materials, product liability, etc.

Property owners, developers, sellers and buyers understand the need to protect themselves from future liabilities.  Environmental Due Diligence simply assures that the land being purchased does not pose potential risks or environmental hazards which may affect the area’s development or its future inhabitants.

Corporate business decisions with regards to environmental requirements should be based on reliable information taken from the actual state of affairs of a company. Environmental Due Diligence, performed by GRATA Law Firm's experienced staff, is an instrument for detecting any violations of environmental law in company's activities, providing recommendations for their solution, and preventing any such violations in the future.

Environmental Due Diligence includes due diligence performed by our lawyers with regard to companies’ activities in connection with observance of environmental requirements, and, as a result of such due diligence, provision of legal opinions and advice. We would like to bring to your attention just a few experience examples of GRATA’s Environmental Law Department in performance of environmental due diligences:

  • performance of environmental due diligence for several  mining companies (including gold-mining ones)  to identify risks associated with possible environmental offences;
  • performance of environmental due diligence for international companies rendering services on oil extraction with regard to fulfillment of legal obligations and identification of business risks;
  • performance of environmental due diligence in favour of a potential buyer (a large European bank) under a large acquisition of shares transaction of a leading bank of the Republic of Kazakhstan;
  • performance of environmental due diligence of activities of a large energy corporation with regard to acquisition of the corporation’s shares by one of the European banks;
  • performance of environmental due diligence of activities of a large Russian bank with regard to compliance with environmental protection legislation;
  • performance of analysis of compliance with environmental legislation by one of the largest Kazakhstani oil companies;
  • performance of environmental due diligence of activities of uranium-mining companies in favour of a foreign global investor;
  • performance of environmental due diligence of an oil company in order to identify risks associated with possible environmental offences;
  • performance of an audit of activities of an oil company in order to reveal absence of required licenses, approvals, permits of governmental bodies in the area of environmental protection;
  • performance of environmental due diligence of a ship-owner companies group in order to identify risks associated with possible environmental offences;
  • performance of due diligence of an oil company in order to assess its compliance with subsoil use permits and approvals requirements;
  • performance of environmental due diligence of a metallurgical company in order to identify risks associated with possible environmental offences;
  • performance of environmental due diligence of activities of a Kazakhstani oil company with regard to compliance with the legislation on environmental protection;
  • performance of analysis of compliance with environmental legislation by a group of Kazakhstani copper companies.

In the course of Environmental Due Diligence lawyers study and analyze all important documents of a company regarding subsoil use and environmental protection as well as information obtained in course of negotiations. Based on due diligence, lawyers prepare accurate information on the actual state of affairs of any business (mainly companies which are subsoil users) regarding their observance of environmental requirements and norms, and provide practical advice in connection with their findings.

Environmental Disputes and Liability for Environmental Violations

We were asked to assist in protecting the legitimate interests of many large trading companies, oil and gas companies, as well as large exporters of non-ferrous metals in environmental disputes.

In the recent past, we have successfully completed the following projects:   

  • advising a large oil company regarding an appeal against a Decree in an administrative offence case connected with sewage disposal;
  • successful protected the interests of a large uranium-mining company in the Economical Court in connection with an appeal against the suspension of operations for violations of industrial safety legislation;
  • successfully protecting the interests of a large oil company in the first, appellate, and cassational courts and the Ministry of Environmental Protection of RK. Our lawyers achieved a dismissal of a claim for damages and cancelation of all fines imposed for environmental violations;
  • successfully protecting the interests of an oil company in the Ministry of Environmental Protection of the Republic of Kazakhstan. As a result of our participation fines imposed for environmental violations were annulled;
  • successfully representing the interests of a company in the chemical sector in the Supreme Court of the Republic of Kazakhstan with regard to settling  a dispute over ownership of production wastes;
  • successfully representing a large mining and processing enterprise in the first, appellate and supervisory courts in connection with a claim of a territorial environmental administration for compensation for damages caused by pollution of land and water resources;
  • representing the interests of a number of large foreign oil companies during audits performed by environmental prosecution bodies, territorial environmental administration and an authorised body for subsoil use. Our participation in the audits helped prevent several unreasonable claims against the company;
  • successfully protecting the interests of an oil company in connection with a claim of the regional prosecutor’s office against excessive disposal of production wastes; 
  • successfully protecting the interests of a uranium-mining company in court and in the prosecution bodies in connection with an appeal against a fine for excessive emissions. As a result the amount of the fine was reduced tenfold;
  • representing in court a major oil company appealing against fines for polluting land, waste storage, and the breach of requirements for environmental monitoring of production. Our lawyers achieved the cancelation of all fines;
  • representing in court a metallurgical company in the settlement of a dispute over payment rates for disposal of production waste; 
  • protecting the interests of an oil company during land inspections regarding administrative violations. As a result of our participation the fines were significantly reduced;
  • advising an oil company regarding the legality of fines imposed for not possessing  environmental permits and for exceeding the maximum allowable discharge levels;
  • protecting the interests of uranium mining companies in court in connection with claims against them for compensation for damages caused by waste disposal;
  • protecting the interests of a landfill owner in the court of cassation in connection with the unjustified accrual of fees for waste disposal;
  • successfully protected the interests of an oil company with regard to environmental emissions of hydrogen sulfide and sulfur dioxide as a result of associated gas flaring in courts of first instance, appeal and cassation, and the administrative court; 
  • advising a mining company in connection with the claim for compensation for damages caused by accidental pollution of water bodies;
  • advising an agricultural organisation in connection with the requirements of the tax authority to charge additional fees for waste disposal in the environment;
  • drafting a complaint to the Tax Committee with respect to the notice of the tax audit results, under which the waste recycling company was additionally charged amounts of emissions fee;
  • successfully protected the interests of an oil company with regard to an accidental oil spill into a water body in courts of first instance, appeal and cassation, and the administrative court.

Legal Advice on Environmental Issues

In the course of their careers GRATA lawyers have provided services to many large companies in oil and gas, petrochemical, gold, uranium, and other areas, as well as trade, transport and agricultural organisations.  Please find below a brief description of the most relevant work done during the last two years:

  • comprehensive legal opinion on issues relating to obtaining all necessary documents for drilling works prepared for a Kazakhstani mining company;
  • advising a major oil company regarding damage compensation caused by gas flaring without a permit from the Ministry of Oil and Gas;
  • advising a major power generation company on issues regarding reduction of rate for emissions into the environment;
  • advising a local company, which owns a large internet-marketplace, on issues regarding activities within the territory of Kazakhstan, and recognition of possible risks;
  • comprehensive legal opinion on legal liability in connection with the treatment, transportation and storage of radioactive materials for a large foreign uranium company;
  • advising a large foreign oil-and-gas company on legal liability in connection with treatment, transportation and storage of oil products;
  • advising a large oil company on issues regarding a change of environmental requirements for gas flaring as a result of the adoption of the Law of RK 'On Subsoil and Subsoil Use', and issues of liability for environmental violations;
  • legal monitoring and advising on the process of collecting documents and submitting requests to the Ministry of Environmental Protection to obtain environmental permits, performed on behalf of many large oil-and-gas companies. As a result of our actions all declared environmental emissions limits have been accepted and approved by the Ministry, as reflected in the issued permits;
  • upon the request of one of the largest oil-and-gas consortia, we analysed environmental legislation regarding production and consumption of waste, prepared systematised reference material which was used by the consortium in its day-to-day production activities;
  • comprehensive legal opinion on legal liability in connection with treatment of radioactive materials for one of the largest Kazakhstani uranium producers and exporters;
  • performed a legal risks assessment regarding certain chapters of the Environmental Code of RK and prepared a plan of corrective actions for a group of subsoil users;
  • prepared a legal opinion for a large oil company regarding issues of disposal of waste waters originating from oil production;
  • prepared legal opinions on issues of economic assessment of environmental damage and  gave other explanations to a number of large foreign companies regarding payment for environmental emissions;
  • advised subsoil users on legality of audits of state environmental bodies;
  • advised an oil company on drafting a contracting agreement and the need to obtain a permit for environmental emissions;
  • advised a phosphoric company on legal regulation of production wastes;
  • advised an oil company on drafting an agreement for disposal of strata waters in view of requirements of environmental legislation of the Republic of Kazakhstan;
  • advised a foreign investment company on alternative energy business in Kazakhstan;
  • exhaustive legal opinion on issues of obtaining all necessary documents for drilling works prepared for a Kazakhstani mining company;
  • consulting a major oil company regarding damage compensation caused by gas flaring without the permit of the Ministry of Oil and Gas;
  • advising a major power generation company on issues regarding reduction of rate for emissions into the environment;
  • advising a local company, which owns a large internet-marketplace, on issues regarding activities within the territory of Kazakhstan, and recognition of possible risks;
  • prepared a comprehensive legal opinion on legal liability in connection with the treatment, transportation and storage of radioactive materials for a large foreign uranium company;
  • advised a large foreign oil-and-gas company on legal liability in connection with treatment, transportation and storage of oil products;
  • advised a large oil company on issues of change of environmental requirements to gas flaring as a result of adoption of the Law of RK 'On Subsoil and Subsoil Use', and issues of liability for environmental violations;
  • prepared a legal opinion for a large oil company regarding issues of disposal of waste waters originating from oil production;
  • prepared legal opinions on issues of economic assessment of environmental damage and gave other explanations to a number of large foreign companies regarding payment for environmental emissions;
  • advising a Kazakhstani energy company on obtaining quotas for emissions of greenhouse gas, drafting a memorandum for the Kazakhstani mining company on permissive documents required for drilling;
  • advising a Kazakhstani transport company on issues related to environmental emissions;
  • drafting a memorandum for a Kazakhstani oil company on the legal consequences of an accident at a well.

Environmental Requirements in Contractual Practice

  • analysis of provisions of the EPC Contract for compliance with requirements of environmental legislation of the Republic of Kazakhstan.
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27.03.2017

GRATA International at Chambers Asia-Pacific Awards 2017

This year, the Chambers&Partners held their Chambers Asia-Pacific Awards 2017 ceremony on Friday, 24th March 2017 at The Fullerton Hotel, Singapore.

01.03.2017

United States-Azerbaijan Chamber of Commerce (USACC) annual conference in Washington, DC

GRATA International's representative in the USA, Zulfiya Akchurina participated in the event

GRATA International participates in business events in Azerbaijan

Lawyers of GRATA International attended several business events in February

12.12.2016

Общий рынок лекарственных средств в Евразийском Экономическом Союзе: правила надлежащей клинической практики и надлежащей лабораторной практики

Среди прочих нормативных актов, направленных на реализацию Соглашения о единых принципах и правилах обращения лекарственных средств в рамках Евразийского экономического союза от 23 декабря 2014 г., 3 ноября 2016 г. Совет Евразийской экономической комиссии принял:


"Один пояс - один путь" Россия - Центральная Азия - возможности и угрозы современного Шелкового пути

27 октября 2016 года Гонконгская Ассоциация Корпоративных Юристов проведет мероприятие, организуемое компанией "Berwin Leighton Paisner", под названием: "Один пояс - один путь" Россия - Центральная Азия - возможности и угрозы современного Шелкового пути. 

GRATA International took part in the SCO Business Council meeting

On 26 August 2016, GRATA International team took part in a working experience exchange meeting of the National Business Council of Shanghai Cooperation Organisation.

GRATA International приняла участие в заседании делового Совета ШОС

26 августа 2016 года делегация Юридической фирмы GRATA International приняла участие в рабочем заседании по обмену опытом Национальной части Делового Совета Шанхайской Организации Сотрудничества.

Порядок выдачи документов о стадиях технологического процесса производства лекарственного средства на территории ЕАЭС и о соответствии производства GMP

29 июля 2016 г. вступили в силу Приказы Министерства промышленности и торговли Российской Федерации (Минпромторг России) от 31 декабря 2015 г., утвердившие:

26.05.2016

24 мая 2016 года, в г. Астана прошло ежемесячное собрание на тему: "Перспективы экономического развития Казахстана и меры поддержки инвесторов"

25 мая 2016 года в Казахском национальном университете искусств "Шабыт" г. Астана по случаю официального открытия Торгово-Промышленной Палаты Франция-

15.04.2016

GRATA International at Chambers&Partners Asia-Pacific Awards 2016

This year, the Chambers&Partners held their Chambers Asia-Pacific Awards 2016 ceremony in Singapore on Friday, April 8th 2016.

30.03.2016

Краткие выдержки из отчетов по 10-и рынкам в Казахстане: ключевые тренды 2010-15 гг.

Публикация от наших партнеров DISCERNT research agency

07.12.2015

GRATA International организовывает бесплатный семинар: "Изменения в налоговом законодательстве РК - 2016"

25 декабря 2015 года в г.Алматы состоится бесплатный семинар для клиентов GRATA International на тему: "Изменения в налоговом законодательстве РК - 2016"

30.09.2015

GRATA International US representative in New York Ms. Zulfiya Akchurina met with Mr. Asset Issekeshev

The 70th Session of the UN General Assembly is being held at UN Headquarters in New York from September 15 to October 2, 2015

25.05.2015

Мы рады представить Вам наш комментарий к наиболее важным нормативно-правовым актам Республики Беларусь за апрель месяц 2015 года, а также новости нашей компании.

05.12.2012

GRATA Law Firm is recognized as a regional contributor to the World Bank Doing Business Report 2013

Doing Business 2013 is the 10th in a series of annual reports investigating the regulations that enhance business activity and those that constrain it.

05.10.2012

20th Anniversary Kazakhstani International Conference and Exhibition KIOGE 2012 is held in Almaty

On 4-5 October 2012, the 20th Anniversary Kazakhstani International Oil and Gas Conference KIOGE 2012 is held in Almaty. InterContinental Hotel.

02.04.2015

Newsletters of GRATA International

Our newsletter is designed to highlight certain legal developments, to inform about important news, and also upcoming events of GRATA Law Firm. Newsletters are publishing every month.

02.04.2015

Информационные Бюллетени Юридической фирмы GRATA

Данный информационный бюллетень предназначен для освещения определенных изменений в законодательстве, для информирования важных новостей, а так же о предстоящих событиях Юридической фирмы «GRATA» Информационные бюллетени выпускается ежемесячно.

12.10.2010

Interview Technique

They say you never get a second chance to make a first impression. When it comes to interviews, this could not be truer.

29.03.2011

Confidentiality in Arbitration under Kazakhstan Law

Confidentiality is one of the main advantages of arbitration recognized in Kazakhstan and other jurisdictions.

04.04.2011

Review of normative legal acts of the Republic of Kazakhstan 19.03.2011 – 31.03.2011

This information was prepared on the basis of official publications of the Republic of Kazakhstan

25.07.2011

Rethinking Limited Liability, Article by Ali Imanalin, Lawyer, GRATA Law Firm

Both contractual and tortious claims made against a company do not affect company members when a limitation is placed on their liability for the debts of their company.

13.12.2013

С Днем Независимости Республики Казахстан!

С ДНЕМ НЕЗАВИСИМОСТИ РЕСПУБЛИКИ КАЗАХСТАН! Юридическая фирма «GRATA» от всей души поздравляет Вас с Днем Независимости!

18.12.2013

Камолиддин Мухамедов назначен Старшим Юристом Юридической фирмы «GRATA»

КАМОЛИДДИН МУХАМЕДОВ НАЗНАЧЕН СТАРШИМ ЮРИСТОМ ЮРИДИЧЕСКОЙ ФИРМЫ «GRATA» Юридическая фирма «GRATA» рада объявить о назначении Камолиддина Мухамедова в качестве Старшего Юриста в офисе фирмы в городе Душанбе (Таджикистан).


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Leila Makhmetova

Counsel, Director of Environmental Law Department

Almaty

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