Practices Sectors Private clients

Agro-Industrial Complex

Natural Resources and Energy ←
→ TMT
Practices:

Import phase-out projects, development of commodity production and technologies, industrial digitalisation, entry into new markets and ramp-up of export are all trends in recent years creating both new opportunities and risks for players in the agro-industrial sector.

BGP Litigation lawyers provide legal support on obtaining tax benefits, AgroTech, intellectual property protection, land law, transactions and investments, identification and mitigation of sanctions, tax, foreign exchange, customs and antitrust risks, asset financing, dispute resolution and international arbitration, including under FOSFA rules, and more.

The BGP Litigation office in Dubai provides support to Russian agro-industrial companies in connection with entry into Middle East markets, including taxation issues, arranging itineraries for cargo movements, transactions, factory building, asset purchase and sale.

The firm’s high level of expertise in the agro-industrial complex is confirmed by it being placed in the first groups on the Pravo-300 and Kommersant national rating lists. The firm’s clients include Russian and international agricultural holding groups in livestock farming, crop production, fisheries, fat-and-oil plants, fertiliser producers, milk producers, suppliers and growers of agricultural produce and other players on this market.



Services
Transaction support
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  • Support for M&A transactions at all stages, including strategy development, transaction structuring, comprehensive asset due diligence, participation in negotiations between transaction parties, and transaction closing support
  • Support for obtaining regulatory approvals for transactions, including from the Federal Antimonopoly Service of Russia (FAS Russia), the Government Commission on Foreign Investments, and other public authorities
Antitrust legislation counselling
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  • Coordination of economic concentration transactions with FAS Russia
  • Assessment whether a dominant market position exists
  • Minimisation of antitrust violation risks in pricing
  • Development of trade policies
  • Counselling on vertical agreements with distributors, including issues regarding prohibition of maximum resale prices
  • Building of antitrust compliance systems
  • Representation before FAS Russia and in courts on antitrust violation cases
Asset financing
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  • Financial leasing of equipment and vehicles
  • Supply of equipment from both friendly and unfriendly countries under sanctions restrictions
  • Raising of funding and financing projects
  • Structuring of assets ownership and operation
Legal support for entering foreign markets, including in the Middle East
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  • Establishment of structures for international trading of grain and agricultural products in the UAE and other countries, including the European Union (i.e., Serbia)
  • Creation of “family offices” and other overholding structures in the UAE and other countries, including the European Union (i.e., Serbia)
  • Tax counselling on launching agro-industrial businesses on foreign markets

We advised:

An Agro-Industrial Holding

regarding settlement of debts under GAFTA contracts for supply of agricultural products from Russia, including development of a strategy to protect the rights of the Russian supplier

An Agricultural Trade and Logistics Operator

in connection with termination of supply agreements, recovery of damages under GAFTA arbitration rules and enforcement of arbitration awards abroad

A Foreign Agricultural Holding

regarding a legal review of exclusive rights to software enabling agricultural machinery to be controlled with minimal human involvement

A Russian Exporter of Agricultural Products

on development of financing structures and drafting of agreements for raising investment in agricultural product exports

A Major Agro-Industrial Holding

regarding entry onto the UAE market, including tax issues and compliance with economic substance and business licensing requirements

A Russian Agricultural Crop Producer

on acquisition of agricultural land in Russia, including analysis of tax and currency implications and risks, and obtaining approval for the transaction from the Government Commission

A Biotechnology Company

developing agricultural products for livestock and crop farming, on protection against fiscal claims by customs authorities regarding import of agricultural goods for industry enterprises in Russia

A Russian Exporter of Agricultural Crops and Processed Products

on tax and currency implications and risks during incorporation of a foreign company intending to raise investments in the wheat production sector

A Major Agricultural Producer

in a case concerning the bankruptcy of a regional agro-industrial enterprise and recovery of RUB 2 bln in damages

Team

Dmitry Bazarov
Partner, partner committee member, attorney — Dispute Resolution, Bankruptcy
Alexander Golikov
Partner, partner committee member, attorney — Tax Advise and Disputes
Irina Akimova
Partner, attorney, member of the General Council of the Association of Antimonopoly Experts — Competition law
Vladislav Rikov
Partner — Transport and Asset Finance
Anastasia Dudko
Counsel, attorney — Intellectual Property, Dispute Resolution
Alexander Kirilchenko
Counsel, attorney — Customs Law and International Trade
Alexey Koulagin
Counsel — Real Estate and Construction