Introduction to our Eastern European Practice
After decades of client representation in domestic and foreign telecommunications markets (“telecoms” in EU parlance), we expanded our Firm’s presence to Eastern Europe.
The investment opportunities in U.S. and International wireless infrastructure are now overshadowed by geopolitical uncertainties. For more details on representation of U.S. and European investors in today’s era of sanctions, counter-sanctions, and other difficulties, please see our recent “Negotiable Hostilities” webinars, sponsored by Thomson Reuters, and our accompanying Foreign Investment Brochure.
Especially relevant today are the emerging difficulties of companies seeking (or required) to exit the Russian marketplace. The legal difficulties – including unwinding cross-border agreements, navigating sanctions, and complying with U.S. and Russian transfer restrictions – are challenging areas with which we have experience. These complex discussions will be the topic of our upcoming presentation – “Fireside Chat” – Dealing with Russia in the Current Geopolitical Environment at the 2024 Center for International Legal Studies (CILS) in Bad Gastein, Austria, January 28 – February 3, 2024. See https://cils.org/conference…
For more information, contact us at [email protected] (+1 770 309-0462) or at [email protected]
Cross-Border Telecom Financing
On the U.S. side, our Firm has extensive in representation of foreign strategic investors in U.S. telecommunications markets – including such matters as project and vendor finance, security interests in regulated U.S. assets, inter-creditor (subordination) agreements with foreign lenders, securing regulatory approval for foreign ownership of U.S. wireless assets, and dealing with cross-border money transfer regulations.
Recently, U.S. regulatory hurdles for foreign investors have expanded with new multi-agency scrutiny (“Team Telecom”) of foreign participation in U.S. wireless and digital supply chain market sectors. We are prepared to deal with these developments. With emphasis on deal protection, our Firm attorneys have represented both domestic and foreign counter-parties in cross border financial transactions, including use of international letters of credit, subordination agreements, and secured financing arrangements. Our attorneys also have extensive experience in dealing with Eastern European banking institutions, and in navigating through the alphabet soup of domestic and foreign restrictions on cross-border money transfers and foreign investment barriers – among which are FinCen (https://www.fincen.gov/), CFIUS and FIRRMA (https://home.treasury.gov/policy-issues/international/the-committee-on-foreign-investment-in-the-united-states-cfius), and KYC https://www.fincen.gov/resources/statutes-regulations/federal-register-notices/customer-due-diligence-requirements (money-laundering regulations).
We also advise clients on the implications of the new Corporate Transparency Act, recently effective as of January 2, 2024. Especially noteworthy for foreign investors are the filing requirements and related beneficial ownership disclosure. See https://www.fincen.gov/boi. For more information, please contact us at [email protected] (+1 770 309-0462) or at [email protected]
Perhaps most importantly, in the telecoms sector, we have ongoing experience in the negotiation of transactions involving a critical new wireless technology (“5G”).
As the new 5G technology evolves here and abroad, both U.S. and foreign investors will seek to capitalize on this new opportunity. For more information on some of the complexities of 5G and related investment opportunities, please listen to our podcast https://www.youtube.com/watch?v=WBamix6mM9Q