Legal Practices
BHC is organized around the following seven law practice areas, which operate in synergy with our Technical Assistance Consultancy. We are duly qualified under the laws of Iraq to furnish legal opinions and expert testimony on local laws and regulatory matters. A number of BHC staff members are also licensed to practice law in the U.S. and abroad.
Corporate, Commercial and Intellectual Property (CCIP)
This practice area handles all aspects of doing business in Iraq and conducting corporate activities under different Iraqi legal and regulatory regimes (including under the Company Law, Banking Law, Investment Law, Insurance Law, and Capital Markets Law). The CCIP practice is also knowledgeable in complex corporate structures that are compliant with Iraqi law; company incorporation, capitalization, registration, operational compliance and dissolution; mergers and acquisitions; and business and commercial/contract law (including contract drafting and negotiations). Labor law and employment agreements fall under this practice area, as well as commercialization and privatization; commercial agencies and distributorships; joint ventures; sales, supplies and services; leasing; licensing and franchising; patents, copyrights and trademarks; and intellectual property infringements.
Trade and Foreign Direct Investment (FDI)
With Iraq’s growing economy and investment promotion goals and strategies, the Trade and FDI practice area is one of BHC’s most important assets. Investor legal due diligence; free trade and industrial zones; and foreign investment license applications (central and provincial levels) and contractual preparation and negotiations are critical components of this practice area. Foreign military sales (FMS-Iraq) and related offset programs; export/import transactions; energy/power; mining; oil and gas; natural resources; and renewable energy are handled under this practice, in addition to maritime, ports and shipping; airports and aviation; vehicle assembly, manufacturing and sales; railways and roadways; telecommunications and media; pharmaceuticals; foodstuffs and commodities; housing; construction and building materials; tourism; hotels; employment, labor, visas and immigration (expatriates and Iraqis with the assistance of foreign counsel); and real estate ownership and leasing.
Project Finance and Public-Private Partnerships (PPP)
Private sector development is one of the stated goals of the Government of Iraq in terms of economic reform. As such, BHC has maintained a Project Finance and PPP practice area to aid in the furtherance of projects aimed at economic development overall. This practice manages project due diligence; special project vehicles (SPV); infrastructure project development and financing (structured and project finance); venture capital; private equity; real estate and construction; concessions, leases, and guarantees; and PPPs such as BOT, BOO, BOOT, DBF, DBFO, DBFOM, DCMF, DBOM, and DCMF.
Banking, Securities and Insurance
The following matters fall under the Banking, Securities and Insurance practice: trade financing; banking and finance; Islamic banking and bonds (Sukuk); letters of credit; business bank account registration, capitalization and operational compliance; capital markets (including the issuance, purchase and sale of stocks and bonds); securities law registrations and transactions; investment funds; and insurance.
Litigation and Alternative Dispute Resolution (ADR)
This practice manages regular court appearances and proceedings on behalf of clients. The matters delegated to this practice include administrative law and procedure; administrative, civil, commercial, criminal and regulatory litigation (before local courts and Iraqi administrative authorities/tribunals); construction litigation; corporate dissolution; insolvency; tax, accounting and auditing disputes; intellectual, personal, and real property rights adjudication; commercial arbitration; and dispute avoidance/amicable settlements (mediation and arbitration).
Taxation
Iraqi law compliant complex taxation structures; individual and corporate taxation; corporate, payroll and social security taxes; accounting, bookkeeping and payroll compliance; and internal audit and payroll due diligence and investigations are matters that fall within the Taxation practice area.
Corporate Social Responsibility (CSR)
This practice serves the efforts of the global community in eradicating human trafficking in the supply chain, preventing environmental degradation, and promoting ethical and sustainable business practices. The matters delegated to this practice include anti-human trafficking training and instruction; environmental law (including impact assessments, actions plans, and mitigation/remedial measures resolution techniques); and issues related to compliance with the Foreign Corrupt Practices Act (FCPA).