Over the last year, several Latin American countries, including Chile, Peru and Mexico, have discussed various measures that, if adopted, could materially affect the mining, energy and natural resource sectors. Shearman &...more
Over the last year, several Latin American countries, including Chile, Peru, and Mexico, have discussed various measures that, if adopted, could materially affect the mining, energy and natural resource sectors. ...more
We are pleased to publish the Third Edition of our Energy & Infrastructure Insight, providing information and analysis of the current issues facing the energy and infrastructure sectors across the globe.
In this latest...more
10/19/2020
/ Carbon Emissions ,
Climate Change ,
Discharge of Pollutants ,
Energy Sector ,
EU ,
Hydrogen Power ,
Infrastructure ,
Natural Gas ,
Oil & Gas ,
Power Infrastructure ,
Renewable Energy ,
Taiwan ,
Wind Power
A Landmark Decision in the Ruta del Sol Arbitration Against ANI Provides Valuable Lessons for Developers and Financiers of Projects in Latin America -
The landmark decision in the Ruta del Sol arbitration against the...more
2/13/2020
/ Bribery ,
Concession Agreements ,
Constitutional Courts ,
Corruption ,
Dispute Resolution ,
Foreign Investment ,
Government Officials ,
International Arbitration ,
Latin America ,
Public Private Partnerships (P3s) ,
Termination Payments
On October 31, 2018, the U.S. Securities and Exchange Commission (SEC) adopted a final rule (available here) that overhauls its existing disclosure requirements for mining company issuers, including royalty companies. The new...more
11/6/2018
/ Commodities ,
CRIRSCO ,
Disclosure Requirements ,
Final Rules ,
Materiality ,
Mineral Exploration ,
Mineral Extraction ,
Mining ,
Qualified Person ,
Regulation S-K ,
Royalties ,
Securities and Exchange Commission (SEC) ,
Supply Chain ,
Vertical Integration
Partners Cynthia Urda Kassis and Alexandro Padrés (both New York-Project Development & Finance) discuss how the Transmisora Eléctrica del Norte S.A. (TEN) financing project transformed Chile’s transmission development,...more
In the wake of the US elections in November 2016, two of the Securities and Exchange Commission’s (“SEC”) disclosure rules for public reporting companies — the conflict minerals rule and government payments reporting for...more
On June 27, 2016, the US Securities and Exchange Commission adopted a final rule implementing Section 1504 of the Dodd-Frank Act. The new rule will require resource extraction issuers to disclose payments they make to...more
On June 16, 2016, the US Securities and Exchange Commission (“SEC”) issued a proposed rule, which, if adopted, would amend disclosure requirements for mining company issuers. The key changes proposed for mining companies are:...more
On December 11, 2015, the US Securities and Exchange Commission (“SEC”) issued a proposed rule to implement Section 1504 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”). Section 1504...more
On August 18, 2015, a divided panel of the US Court of Appeals for the District of Columbia Circuit, in National Association of Manufacturers v. Securities and Exchange Commission (“NAM”), upheld its earlier ruling that held...more
Recently, governmental authorities have pursued corruption investigations in Latin America with a vigor traditionally not seen. One potential result is a significant disruption of business. While there are inherent risks in...more
8/12/2015
/ Chief Compliance Officers ,
Complex Corporate Transactions ,
Compliance ,
Due Diligence ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Government Investigations ,
Joint Venture ,
Latin America ,
Lockheed Martin ,
Nokia ,
Risk Assessment ,
Risk Mitigation ,
Siemens
Over the last few years, a number of key jurisdictions have adopted regulations requiring companies engaged in natural resource extraction activities to disclose the payments they make to governments and state-owned...more
5/28/2015
/ Australia ,
Business Taxes ,
Canada ,
Compliance ,
Dodd-Frank ,
EU ,
Mineral Exploration ,
Mining ,
Mining Reports ,
Natural Resources ,
Oil & Gas ,
Royalties ,
Securities and Exchange Commission (SEC)
On May 18, 2015, the Government of Mongolia, Rio Tinto and the Rio Tinto subsidiary, Turquoise Hill Resources, reached agreement on development of the underground phase of the Oyu Tolgoi mining project. The agreement, termed...more
The Obama Administration’s recent loosening of trade restrictions on Cuba has the potential to open new opportunities for US businesses. However, there are several obstacles to be overcome before US companies may access...more
5/13/2015
/ Cuba ,
Cuban Assets Control Regulations (CACR) ,
Economic Development ,
Entrepreneurs ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Imports ,
Regulatory Standards ,
Sanctions ,
Trade Relations
On April 22, 2015, two human rights non-governmental organizations, Amnesty International and Global Witness, published a report, Digging for Transparency (the “Report”), analyzing compliance by US reporting companies with...more
The Guinean State Minister of Mines and Geology, Kerfalla Yansané, recently announced a possible launch of a bidding round in 2015 for offshore oil blocks in Guinea under the new hydrocarbons code (the “New Code”). Following...more
Fiscal constraints on state budgets coupled with continued uncertainty with respect to future levels of federal surface transportation funding have led states to diversify the funding sources for their transportation...more
This client alert is a follow-on to our client alerts on the Mexican Energy Reform relating to the publication of the laws relating to the Mexican Energy Reform, and the rules and regulations under the secondary legislation...more
As highlighted in our client alert of March 7, 2014, the Ivorian Parliament approved a new mining code (the “New Mining Code”) on March 5 which aimed at modernizing the mining sector and increasing its...more
Facing the imminent bankruptcy of the federal Highway Trust Fund (the “HTF”) and the specter of delays and reductions in payments from the HTF to the States, the US Congress last week passed the Highway and Transportation...more
One of the goals of the Mexican Constitutional reforms opening both the oil and gas and electricity sectors to private investment is to make the Comisión Federal de Electricidad (CFE) an “empresa productiva del Estado” (a...more
With the expiry looming of the current federal authorization for US surface transportation funding, the Obama Administration recently submitted a bill to Congress (the “Grow America” Act) proposing a four-year reauthorization...more
The New York state court has adopted a rule that will allow parties to agree to have a Commercial Division lawsuit heard on an expedited basis. The rule permits parties to agree in a contract that any lawsuit arising out of...more
Secondary Legislation for Energy Reform Unveiled -
Today, April 30, 2014, President Enrique Peña Nieto has formally presented his proposed secondary laws and reforms to implement the Constitutional energy...more