Bracewell & Giuliani counsels companies, private investors, financial institutions and foreign governments on a wide variety of international business transactions. We assist clients worldwide from our offices in the United States, Europe, Central Asia and the Middle East. Our team works with importers, exporters, and companies operating or investing in cross-border businesses, helping them structure and negotiate transactions and navigate trade policy, trade-related treaties, statutes and regulations.
Our clients come from many industry sectors, including oil and gas, cement, chemicals, banking and finance, utilities, electric power, telecommunications, information technology, transportation, health care, agricultural products and real estate. Our work includes experience handling cross-border private equity buyouts, privatizations, and mergers and acquisitions. We also specialize in international financings, including transactions involving the Export-Import Bank, Overseas Private Investment Corporation (OPIC), the International Finance Corporation, and the Inter-American Development Bank. In each case, we bring to bear broad legal experience in areas such as tax, immigration, investment, financing, procurement, antitrust, and intellectual property, as well as linguistic and cultural versatility.
International business ventures often involve regulatory regimes governed by authorities in Washington, D.C. We assist clients in complying with statutes and regulations associated with the Committee on Foreign Investment in the United States (CFIUS), Department of Treasury's Office of Foreign Assets Control (OFAC) and the Foreign Corrupt Practices Act (FCPA).
In addition, attorneys involved in our international business practice lecture frequently on international security and telecommunications matters in the United States and abroad, and conduct client training on compliance with regulations such as the FCPA.
Representative Matters
- Represented international clients in numerous transactions involving reviews by CFIUS, the Department of Justice, the Federal Communications Commission and other agencies.
- Represent major international banks in trade finance transactions supported by the U.S. Export-Import Bank, ranging from working capital facilities, to short- and medium-term borrower credit and aircraft finance.
- Represented an international energy services company in negotiations with OFAC.
- Provide regular counsel and due diligence on matters involving the FCPA.
- Helped organize the leading international financial settlement system and standards for the wireless industry.
- Assisted in the independent review of Banco Santander Central Hispano, S.A.'s ("Santander") compliance with the rules and regulations applicable to Santander's proposed investment in Sovereign Bancorp, Inc. (NYSE: SOV); the review examined compliance issues before the New York Stock Exchange, the Federal Reserve System, the Office of Thrift Supervision, and the New York State Banking Department , at the direction of former New York City Mayor Rudolph Giuliani and former Comptroller of the Currency of the U.S. Robert Clarke.
- Represented State Street Bank in establishment of its local custodian program in the Republic of Kazakhstan.
- Serve as outside general counsel to the U.S. Institute of Peace.
- Represented Central Asia Cement in the defense of property rights with the Supreme Court of the Republic of Kazakhstan. The successful litigation of this case led to the setting of key precedents for protection of foreign investors' rights in the Republic of Kazakhstan.
- Represented Embratel in a survey of competition laws worldwide in connection with a case of first impression before the Brazilian competition authority.