DOING TRADE AND INVESTING IN KOSOVO Investing in Key Sectors - Legal framework - US-Kosovo Investments, New York, 27 Oct 2010
US-Kosovo Investments Forum, New York, 27 Oct 2010 KALO & ASSOCIATES - leading law firm in Albania (since 1994) and Kosovo (since 2008) and acts as legal counsel to major investors, and IFIs. Portfolio of clients includes many US companies like : * Albanian-American Enterprise Fund * Affiliated Computer Services * Agrimatco * ALPHARMA * Aspect Holdings * Avon * Bechtel * Cargill * Chemonics * Chevron * Cisco Systems * CIT Aerospace * Citibank * Colgate-Palmolive * Cummins Engines * DDB * Fluor Corporation * Ford Motor Company * Fox TV * GE * Heifer International * Kodak * HP * Levis Footwear * Lockheed Martin * McCann Erickson * Merck * Mercy Corps * Merrill Lynch * Microsoft * Monsanto * Morgan Stanley * NAVTEQ * OXY * Opportunity International * ORBCOMM * Phillip Morris * MANAS Petroleum * Schering-Plough * Sikorsky * SRA International * Unilever * Via One Labs * Walt Disney * Washington Group * Western Union * Wrigley *
US-Kosovo Investments Forum, New York, 27 Oct 2010
KALO & ASSOCIATES Kosovo, acts as counsel to investors from other countries, such as: AirBP (UK), NewkoBalkan (Turkey), Xella (Germany), Alcatel-Lucent (Italy), Nokia- Siemens Networks (Austria), Ericsson (Croatia), Sava Re (Slovenia), Albaelettrica (Albania), ALPET (Turkey), Hellenic Petroleum (Greece), Thomson Reuters (UK), Poseidon (UK), Friedrich Ebert Stifftung (Germany), SNV (Holland), etc.
US-Kosocvo Investments Forum, New York, 27 Oct 2010 WHY KALO & ASSOCIATES? BECAUSE: 1)we have good track record in Albania in relation with investments or trade by US companies 2)we have a significant workforce with lawyers having earned law degree and LLM in Western schools, including two from Suffolk, Boston 3)we have a good number of partners (6), 2 of which are very experienced local lawyers 4)we have significant experience in the drafting of commercial legislation in Albania and therefore can easily foresee legal challenges a business will have to face there.
OVERVIEW ON THE LEGAL SYSTEM 1) Civil Law system, inherited by Austrian-Hungarian Empire, but recently adopted Common Law principles 2) System that functions based on co-existence of three sets of laws: (a) laws deriving from the former Yugoslav Federation; (b) laws enacted during the administration by UNMIK and (c) laws enacted by the Kosovan Parliament prior and after the declaration of Independence 3) Judiciary - three tier court system (including appellate courts) 4) Specialized courts for commercial disputes 5) New law on Judiciary to introduce an Administrative Court UK-Albania Investments Forum, London, 22 Oct 2010
LEGAL FRAMEWORK IN ENERGY AND INFRASTRUCTURE : Modern Industry Legislation Flexibility on governing law/dispute resolution (possibility to negotiate limitation of liability) Enforceability of contract (freedom to contract, Institutional Memory Reliable Appeal Procedure US-Kosovo Investments Forum, New York, 27 Oct 2010
UK-Albania Investments Forum, London, 22 Oct 2010 COMMERCIAL LEGISLATION Bilateral Agreements Foreign Investments Contract law Company law Competition law Public Procurement Concessions Law Property/real rights Arbitration lawIntellectual Property Planning law Fortune games law Money laundering Consumers protection Banking law SME-s law
EFFECTIVE TREATIES : 1) MoU between USA-UNMIK, 17.1.2002 2) MoU between EBRD-UNMIK, 4.3.2005 3) Free Trade Agreements with many countries 4) Bilateral agreement between Kosovo and of Luxembourg 5) Bilateral agreement between Kosovo and Denmark 6) Bilateral agreement between Kosovo and Slovenia 7) Bilateral agreement between Kosovo and Turkey 8) Signatory to OPIC 9) Signatory to World Bank/CSID, etc. US-Kosovo Investments Forum, New York, 27 Oct 2010
KEY SECTORS OPPORTUNITIES A wave of privatizations: KEK PTK SHARRCEM ZHUR HPP KOSOVA E RE BREZOVICA KOSOVO LANDFILL CO. Investments in rural tourism Industrial parks US-Kosovo Investments Forum, New York, 27 Oct 2010
ENFORCEMENT OF CLAIMS Functioning of bailiffs service yet to improve. A proposal is being discussed to introduce an alternative force – private bailiffs Develop the alternative dispute resolution mechanisms within the court system US-Kosovo Investments Forum, New York, 27 Oct 2010
KOSOVO is a country with great potential and recently has demonstrated to have a healthy business environment, however it is recommended to: Approach qualified lawyers and surveyors and also other experts to conduct a Due Diligence on the intended investment In case of acquisitions, try to explore the status of the Escrow so that payment is held in escrow until all CP-s are satisfied by the seller Check all possible guarantees that Kosovo State may give as a state Find the location with best tax status with Kosovo and form a SPV there to implement the Kosovo project US-Kosovo Investments Forum, New York, 27 Oct 2010
Hope these slides were useful! However, should you have questions feel free to contact us at: www.kalo-attorneys.com US-Kosovo Investments Forum, New York, 27 Oct 2010