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Myanmar

An overview of our capabilities


Stephenson Harwood is a law firm
with over 1000 people worldwide,
including more than 150 partners.
Our people are committed to
achieving the goals of our clients M&A Mid-Sized Deal
of the Year 2016
- listed and private companies,
Asian Legal Business
institutions and individuals.
We assemble teams of bright thinkers to match our clients’ needs and give
the right advice from the right person at the right time. Dedicating the
highest calibre of legal talent to overcome the most complex issues, we
deliver pragmatic, expert advice that is set squarely in the real world.

Our headquarters are in London, with ten offices across Asia, Europe
and the Middle East. In addition we have forged close ties with other high
quality law firms. This diverse mix of expertise and culture results in a
M&A Deal of the
combination of deep local insight and the capability to provide a seamless Year: TMT 2016
international service.
Asian Lawyer Emerging
Markets Awards

“They’ve really gone the extra


mile. They’re now also shedding
some light on stuff we hadn’t Ranked as a
even thought of. They are leading firm
very approachable, they come The Legal 500 Asia Pacific 2018

across as regular people.”


Chambers Asia Pacific 2018

Ranked as a
leading firm
Chambers Asia Pacific 2018

b
Our Myanmar practice
Stephenson Harwood has established itself as a market- Mines on the Mining Law and we continue to provide input
leading international law firm with a genuine strength and for the Myanmar Government via the Australia Myanmar
depth of experience working on Myanmar-related matters. Our Chamber of Commerce Working Group.
Myanmar practice is well-positioned to provide international and • Involvement in the local business community – Yangon
domestic clients with the commercially focused legal services based senior associate Ben Hickson is Treasurer and an
that they require. Executive Director of the New Zealand Myanmar Chamber of
Commerce. Ben also sits on the judges panel for the annual
• Track record – Over the years members of our team have
Myanmar Property Awards.
advised and are currently advising on investments, market-
entries and commercial arrangements for numerous • Recent accolades – Our team is ranked as a leading firm in
multinational and local clients active in Myanmar. Myanmar. Tom Platts is recognised as a leading individual
by Chambers Asia Pacific 2018, and Tom and Helen Rhind-
• Sector coverage – Our experience spans a wide variety of
Hufnagel are both listed as recommended lawyers by the
sectors including agriculture, automotive, aviation, consumer
Legal 500 Asia Pacific 2018.
goods, energy and resources, financial services, mining, oil and
gas, power, real estate, shipping and telecoms. We can help you with:
• Extensive network – With Special Counsel, Peter Church, who
has been involved in Myanmar since the mid-1990s, our core • aviation
team has advised on a number of significant and high-profile • banking and finance
transactions, through which we have developed an extensive • consumer
network of local contacts and business acquaintances. • derivatives and structured finance
• Comprehensive legal support ‘on the ground’ – We are • disputes
able to provide comprehensive ‘end to end’ solutions for
• energy, power and utilities
our international and local clients. Our team of Myanmar
lawyers are qualified to advise on Myanmar law, and are • IPOs and capital markets
highly experienced in dealing with the Myanmar Investment • mergers and acquisitions
Commission, the Directorate of Investment and Company • oil and gas
Administration and other Government bodies and ministries,
• outsourcing
both in Yangon and Nay Pyi Taw.
• private equity
• Public sector relationships - Through our work we have
developed strong relations with various regulatory bodies • projects and project financing
in Yangon and Nay Pyi Taw, including the Union of Myanmar • real estate
Federation of Chambers of Commerce and Industry, to which • restructuring and insolvency
Tom Platts has been appointed as a legal adviser.
• shipping and offshore
• Myanmar Federation of Mining Association and associated
• trade and export finance.
legislation – We are Honorary Legal Adviser to the Myanmar
Federation of Mining Association, advised the Ministry of

“Across the firm there is a genuine


passion for Myanmar. Our core team
is complemented by specialists
across our global network who have
a real interest in advising on matters
in Myanmar.”
Tom Platts
Partner

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Photo courtesy of The Angus McDonald Trust

TMT
Myanmar Investments Citibank
International Limited Advising Citibank on a Myanmar law governed bid bond,
in connection with the Government of Myanmar’s
Advising Myanmar Investments International Limited on its telecommunications tender.
consortium investments in Apollo Towers in Myanmar, a leading
telecommunications tower infrastructure provider.
Myanmar Red Dot Network
Digicel Advising this Digicel subsidiary on a range of commercial
activities and services linked to its mobile transaction platform,
Advising Digicel Group on regulatory aspects of the US$221 including mobile phone top-up and bill payments.
million disposal of Digicel Myanmar Tower Company to Axiata.
(‘M&A Mid-Sized Deal of the Year 2016’ by Asian Legal Business
and ‘M&A deal of the year: TMT’ by Asian Lawyer Emerging
Markets Awards 2016).

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Consumer Energy, power and
Krispy Kreme Doughnuts
utilities
Advising Krispy Kreme Doughnuts on the establishment of its Campana Group
franchise business in Myanmar.
Advising Campana Group, the regional broadband sub-sea
capacity provider, on its regulatory and fundraising issues.
Leading fertiliser manufacturer
Advising a leading fertiliser manufacturer on its joint venture in Aggreko
Myanmar.
Advising Aggreko on certain commercial arrangements
connected to various temporary power projects in Myanmar.
Global healthcare company
Advising a global healthcare company on its market entry into A European development bank
Myanmar.
Advising a major European development bank on its investment
in the renewable energy sector.
Software development
company Infra Capital Myanmar
Advising a prominent Myanmar digital agency on its intellectual
Advising Infra Capital Myanmar, promoter of sustainable
property protection.
infrastructure projects in Myanmar, on various renewable energy
projects.

Real estate Orica


Mixed use developments Advising ASX-listed Orica in finding a local partner and setting
up distribution arrangements in Myanmar.
Our lawyers have advised developers and stakeholders on
permitting, establishment, management and operations for a
number of high profile mixed use developments in Yangon. Indodrill
Advising regional mining services company Indodrill on
Resort development establishing its business activities in Myanmar, including liaising
with relevant ministries and local partners.
Advising a leading Myanmar conglomerate on its luxury resort
development.

Myanmar real estate broker


Advising a Myanmar real estate broker on various operational
matters and commercial agreements.

“They’re very patient and professional.


Given that we work in an emerging market
context, they are always abreast of the latest
developments.”
Chambers Asia Pacific 2017
3
Finance Aviation
Asian financial services provider Golden Myanmar Airlines
Advising a regional financial services provider in relation to its Advising Golden Myanmar Airlines on an aircraft financing.
foreign investment in the financial sector in Myanmar.

Myanmar airline
Singapore based financiers
Advising a Myanmar airline in respect of the parting-out and sale
Advising Singapore based financiers on commercial of aircraft.
arrangements with importers and distributors of consumer
products in Myanmar.
Myanmar airline
Dispute resolution Advising a Myanmar airline on its proposed joint venture with a
Japanese investor.

Telecommunications dispute
Advising a company in a Singapore International Arbitration Centre
(SIAC) arbitration with a network service contractor for a network
operator in Myanmar for breaches of its services agreement.

Joint venture dispute


Advising a claimant in a Singapore International Arbitration Centre
(SIAC) arbitration concerning breaches of a joint venture agreement
in connection with a food and beverage business in Myanmar.

“At a time of huge economic


growth for Myanmar, we have
real ‘on the ground’ experience
navigating the complexities of the
investment and legal landscape.”
Ben Hickson
Senior associate

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5
Marine and
international trade
One of Singapore’s largest
shipbuilders
Advising a Singaporean shipbuilder on a S$600 million contract
with a Bangkok-based oil and gas producer to build an offshore
energy platform in Myanmar.

Norstar Shipping
Advising Norstar Shipping on its market entry into Myanmar and
ongoing operations connected to its crewing business.

Hong Kong based investment


group
Advising a Hong Kong based investment group on its joint
venture arrangements to develop a terminal facility at the Port
in Thilawa.

Internationally recognised
services provider in the oil and
gas sector
Advising on the establishment of educational and training
activities in Myanmar for an oil and gas services provider.

Transportation services group


Advising a transportation services group on its market entry and
local agency arrangements in Myanmar.

“Has really engaged with


Myanmar as an emerging
market.”
Chambers Asia Pacific 2016
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CASE STUDY

Telecommunications
investment work
Client: Myanmar Investments International Limited (MIL)
Project name: Project Pagoda
Location: Myanmar, Singapore
Sector: Telecommunications
Work types: M&A, private equity, financing

We advised London Stock Exchange quoted MIL on its consortium


investments in Apollo Towers in Myanmar, a leading telecommunications
tower infrastructure provider.

The investments were made through a Singapore holding structure, with


the initial investment led by MIL in July 2015 being followed by a series of
subsequent investment rounds. Advice has included due diligence on the
Apollo Group with specific focus on Myanmar land title and regulatory issues,
as well as general M&A advice in connection with each of the transactions.

In June 2016, a US$250 million facility was made available to Apollo


Towers by the United States’ Overseas Private Investment Corporation
(OPIC). This was its first financing in the country and gave rise to several
interesting legal issues relating to the creation and enforceability of
security in Myanmar.

We continue to advise MIL on its interests in Apollo Towers.

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Actively supporting legal training in Myanmar
Driving force behind the British Chamber Legal Working Group
Practical Legal Training Programme
In her role as chair of the Legal Working Group of the British career. I think that I now understand some of the legal issues I
Chamber of Commerce Myanmar, Helen Rhind-Hufnagel has come across in my work better and I also learnt many new skills
coordinated a practical legal training programme focussing on to apply in my day to day work.”
practical legal skills for Myanmar lawyers working in business
law. The programme covers topical areas of corporate and Helen has recently arranged for the Legal Working Group to
commercial law for Myanmar lawyers, ranging from company law provide similar practical commercial and corporate law training
to commercial leases, loan agreements to intellectual property. sessions for senior officials working with The Yangon Region
25 Myanmar lawyers working inhouse or in law firms in Yangon Advocate General’s Office, focussing on areas of particular
attended the first training series in 2016. As Mr Peng Kulh, interest for the senior officials. Helen presented training on joint
inhouse lawyer at edotco, commented, “The training sessions ventures for both programmes and Kyaw Zin Htet edited the
focused on developing practical legal skills required in my legal Burmese translations of the course materials.

Support for ADB/UNSW’s Professional Legal Education


Programme on Corporate and Commercial Law in Myanmar
The Asian Development Bank’s legal team consulted Helen training experience and presented the training sessions on the
when putting together its Professional Legal Education fundamentals of mergers and acquisitions and the anatomy
Program on Corporate and Commercial Law in Myanmar, of sale and purchase agreements, providing young Myanmar
which was coordinated by the University of New South Wales. lawyers with an overview of the larger picture of these key areas
Helen provided tips based on the Legal Working Group’s of relevance for Myanmar’s development.

Continued training moving ahead


For Myanmar’s economic development, we believe that it is As a firm, we will be assisting in a broader range of training
crucial that Myanmar’s lawyers receive extensive training in initiatives, including assisting with corporate governance
and exposure to all areas of corporate and commercial law. We training at Yangon University of Economics.
remain committed to supporting legal training in Myanmar.

I f you are interested in


Stephenson Harwood assisting
you with any legal training
initiatives, please contact us.
Helen Rhind-Hufnagel
Of counsel

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GET IN TOUCH

Tom Platts Helen Rhind-Hufnagel Ben Hickson


Partner Of counsel Senior associate

M: +95 94 2651 1218 (Myanmar) M: +95 99 7589 3616 (Myanmar) T: +95 1 925 3746
M: +65 8233 3245 (Singapore) M: +65 8322 0235 (Singapore) M: +95 92 5063 8046
E: tom.platts@shlegal.com E: helen.rhind-hufnagel@shlegal.com E: ben.hickson@shlegal.com

Peter Church OAM Paul Westover Bill Sullivan


Special counsel Partner Senior adviser

T: +65 6622 9694 T: +852 2533 2755 T: +65 6226 1600


M: +65 8189 0904 M: +852 6907 1885 M: +62 815 8506 0978
E: peter.church@shlegal.com E: paul.westover@shlegal.com E: bill.sullivan@shlegal.com

Kyaw Zin Htet Su Wai Phyo Than Aung


Associate Associate Associate

T: +65 6622 9670 T: +95 1 925 3745 T: +95 1 925 3747


M: +65 8468 3096 M: +95 94 2651 1210 M: +95 94 2651 1213
E: kyaw.zinhtet@shlegal.com E: su.waiphyo@shlegal.com E: than.aung@shlegal.com

www.shlegal.com

© Stephenson Harwood LLP 2018. Any reference to Stephenson Harwood in this document means Stephenson Harwood LLP
and/or its affiliated undertakings. Any reference to a partner is used to refer to a member of Stephenson Harwood LLP.
The fibre used to produce this paper is sourced from sustainable plantation wood and is elemental chlorine free.

BD259-Myanmar-0318

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