robert wray PLLC (RW) offers wide-ranging services related to privatization in the United States and worldwide. RW attorneys have participated in transportation sector privatization projects throughout the world. These representations have involved all aspects of the privatization process, ranging from due diligence to regulatory and corporate issues.
Members of the RW team have also represented various consortia and individual developers/operators for intended privatization efforts in Argentina, the Philippines, the United Kingdom, Mexico, Belize, Panama, Peru and the United States. In connection with these representations, RW attorneys advised state and local authorities as well as operators in the drafting and negotiation of design and development agreements, regulatory and fixing concessions, concession agreements, management agreements, lease agreements, airplane fueling agreements, engineering, procurement and construction agreements, security agreements, environmental remediation programs, air traffic tower management agreements, noise abatement agreements as well as crash, fire and rescue program agreements.
RW attorneys have also worked with public officials in Haiti and Ecuador to design successful concession programs and contracts. The firm has represented private sector investors in the process of investing in major airport and seaport concessions or while attempting to obtain long-term management contracts on public assets.
The firm, alone or in consortium arrangements with other specialist firms, has assisted foreign government entities in their efforts to sell publicly-owned infrastructure assets. The firm's experience in advising private sector clients on their international investments and other transactions allows RW to effectively counsel government entities on the transaction and process conditions expected by potential investors.
RW attorneys have most participated in the following privatization-related projects:
- Preparation of due diligence and advice to a German airport operator on a joint venture structure for a long-term concession for operation of international airport in Panama.
- Advice and preparation of due diligence for purchase of shares by German airport operator in a Mexican government-corporation holding company with a 50-year concession to operate 13 airports in Mexico's Pacific Region. Assignment involved negotiation of shareholders and consortium agreements, due diligence of all concession agreements and laws and regulations, review of airports' existing obligations and contracts and preparation of bid documentation.
- Preparation of due diligence and advice on joint venture structure for purchase of shares by Swiss airport operator in government-corporation holding company with a 50-year concession to operate 11 airports in Mexico's North-Central Region. Assignment involved negotiation of shareholders and consortium agreements, due diligence of all concession agreements and laws and regulations, review of airports' existing obligations and contracts and preparation of bid documentation.
- Advice and preparation of due diligence for purchase of shares by German airport operator in a Mexican government-corporation holding company with a 50-year concession to operate 9 airports in Mexico's Southeast Region. Assignment involved negotiation of shareholders and consortium agreements, due diligence of all concession agreements and laws and regulations, review of airports' existing obligations and contracts and preparation of bid documentation.
- Development of and submission to the Government of Belize, on behalf of Lufthansa Consulting, a strategy for privatizing the Philip S.W. Goldson International Airport. Assignment involved advice on legislation for concession contracts and changes to Belize Aviation Law, due diligence review of all airport obligations and agreements, preparation of model concession in accordance with proposed legislative changes and review of engineering, procurement and construction contracts for runway expansion and airport terminal renovation.
- Advice to German airport operator on terms of a long-term concession for operation of Peru's Jorge Chavez International Airport by private-sector consortium. Assignment involved initial negotiation of shareholders and consortium agreement.
- Drafting and negotiation of EPC agreement for new international terminal at Ninoy Aquino International Airport in Manila, Philippines.
- Together with Lufthansa Consulting and the Spanish bank, BBVA, engaged by the Municipality of Guayaquil, Ecuador to advise on: (i) a strategy to privatize and upgrade its municipal airport; and (ii) the development of a new airport. Assignment involved preparation of data room and bidding rules as well as development of concession agreements.
- Development of strategy and advice to Haitian Government on privatization of Port au Prince International Airport and four other regional airports. Assignment involved due diligence review of all laws and regulations, review of airports' existing obligations and contracts and preparation of concession and management contracts.
In the seaport practice, members of the RW team have advised port authorities, national governments, container shipping companies and private companies in the restructuring, reform and privatization of seaports around the world. Members of the firm publish and lecture extensively on seaport modernization and finance, emphasizing the most-recent developments in this sector among major emerging markets. Several challenging seaport reform assignments have been:
- World Bank-financed project review and regulatory assessment for two port authorities and facilities in Costa Rica.
- Assistance to Haitian Government in privatization of Port au Prince seaport, including due diligence review of all laws and regulations, review of seaport's existing obligations and contracts, preparation of model concession and alternative management agreements and recommendations for modality of privatization.
- Guidance to The World Bank on structural reform and other legal issues for a seaport reform 'toolkit' distributed to government privatizing agencies.
- Acquisition due diligence review of a large, international group of container seaports and preliminary structuring and negotiation of purchase terms for a large European client.