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Subsoil Use
Subsoil Use Our firm has always had, and still retains the leading position in the area of subsoil use. Our highly qualified team of lawyers is able to demonstrate in practice that they can handle the technical and legal complexity of such contracts as subsoil use contracts, production sharing agreement, joint exploration contract, concession etc. As a part of our subsoil use issues advising, we also provide you with: - Advise on obtaining a permit of competent authority and waiver of pre-emption rights to transfer subsoil use rights and its related objects;
- Advise on issues of geological and mining allotments, including their obtain;
- Advise on issues of prolongation of terms of exploration, production, as well as terms necessary for estimation of commercial discovery;
- Advise on issues of local content, including whilst procurement of goods, works and services;
- Advise on issues of amendment of working programme and other conditions of subsoil use contract;
- Advise on issues of termination of subsoil use contract.
Recent Experience:- Providing blue chip Russian company with consultations concerning acquisition of large coal assets and the subsoil use right in the Republic of Kazakhstan (conducting of a complex legal due diligence), consultation regarding transaction structure, drafting of the sale and purchase contract, obtainment of the permission from the competent body and waiver of state’s pre-emption right);
- Providing the international oil company with consultations concerning prospective acquisition of the largest Kazakhstani oil field, preparation of memorandums;
- Providing a big international company with consultations concerning possible acquisition of the oil company having assets in Kazakhstan, including conduction of a complex legal due diligence;
- Providing a big Korean mining company with consultations concerning possible acquisition of the several Kazakhstani mining companies, including conduction of a legal audit, drafting of contracts, preparation of memorandums and legal opinion;
- Participation in negotiations with JSC EP "KazMunaiGaz" concerning transfer of marginal oil fields;
- Drafting of subsoil use contracts concerning coal deposits for the large Kazakhstani holding, adjustment with working groups, registration, preparation and the adjustment of amendments and additions to the subsoil use contract;
- Providing one of the foreign participants in the production sharing agreement with consultations concerning amendment of the work programme and procedure of procurement of goods, works and services under the subsoil use contract;
- Legal assistance in signing of the subsoil use contracts by the group of Kazakhstani iron ore companies;
- Providing blue chip group of the Russian companies with consultations in carrying out a transaction on sale of Kazakhstani gold ore companies concerning obtainments of the consents established by the Kazakhstani subsoil use legislation;
- Providing Russian law firm with consultations concerning requirements on obtainment of the competent body’s consent and state’s pre-emption right waiver for Eurobonds issuing by the parent company possessing an oil asset in the Republic of Kazakhstan;
- Providing big Chinese oil company with consultations regarding acquisition of the Kazakhstani subsoil user concerning requirements of the subsoil use legislation of the Republic of Kazakhstan;
- Providing the biggest uranium company with consultations regarding subsoil use issues in passing from exploration stage to production;
- Preparation of the legal opinions concerning a transfer of shares in a subsoil user (a uranium company) and issues regarding status of the shares in such company as strategic objects in accordance with the legislation of the Republic of Kazakhstan;
- Providing one of the largest Kazakhstani uranium company with consultations on subsoil use issues and costs reimbursement;
- Providing international law firms with consultations concerning the issues on obtainment of the state’s pre-emption right waiver for purchasing of subsoil use right and/or participation shares in the legal entity as well as obtainment of permission on transfer of subsoil use right from the Ministry of Energy and Mineral Resources, Ministry of Oil and Gas or Ministry of Industry and New Technologies;
- Preparation of legal opinion for the Kazakhstani oil company concerning operation of abandoned oil wells;
- Providing the international bank with consultations concerning re-pledge of subsoil use right within the framework of refinancing of the Kazakhstani oil company;
- Providing a Kazakhstani service company with consultations concerning pledge of the drilling equipment;
- Preparation of memorandums and legal opinions for the international law firms and large Kazakhstani subsoil users and their shareholders concerning transfer of subsoil use right and/or shares (participation interest) in legal entities possessing subsoil use rights;
- Providing Kazakhstani subsoil users and large foreign suppliers with consultations concerning local content matters in subsoil use area.
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