Baker McKenzie's Kyiv, Frankfurt, Berlin, and Amsterdam Offices have helped a consortium of German banks led by Bayerische Landesbank, and DTEK Renewables complete an ECA-backed finance transaction in the Ukrainian renewable energy sector aimed at financing the construction of the first stage of the Primorska wind electric plant in Ukraine.
Ilyashev & Partners has represents PJSC Podilskiy Cement, PJSC Dyckerhoff Cement Ukraine, PJSC Heidelbergcement Ukraine, and PJSC Ivano-Frankivscement in an anti-dumping investigation on imports to Ukraine of Portland cement clinker originating from the Russian Federation, the Republic of Belarus, and the Republic of Moldova.
Kinstellar has advised the Investment Fund for Developing Countries, an agency of the Government of Denmark, in connection with a secured EUR 5.75 million loan facility to the Kness Group, a Ukrainian engineering, procurement, and construction group of companies. During the transaction, Kness relied on their in-house team.
Many real estate experts and market players are upbeat about the positive trends on the Ukrainian real estate market, which is recovering after a significant downturn in 2013–2015. As the political and economic situation improves and the conflict in the south-west of the country stabilizes, foreign investors, attracted by market opportunities, are showing increasing interest in Ukraine.
The International Trade Law Practice team of Ilyashev & Partners Law Firm is advising the Ukrainian Association of Producers of Ferroalloys and other Electrometallurgy Products and Ukrainian producers of ferrosilicomanganese during a five-year review of anti-dumping duties – a so-called sunset review – on imports of ferrosilicomanganese from Ukraine and the People’s Republic of China.
On 2 August 2017 the state aid regime, based on the requirements of the EU-Ukraine Association Agreement (the "Association Agreement"), fully entered into force in Ukraine. Before this there were no state aid rules in place, and state support was distributed by the Ukrainian authorities as was deemed appropriate according to fast-changing industrial and regional policy objectives. The Ukrainian government has, traditionally, heavily supported producers in a number of so-called "priority" industries such as steel, fuel and energy, coal mining, aircraft manufacturing and shipbuilding. In the energy sector alone, total budget revenue relinquished under special tax benefits allowed to undertakings accounted for up to 3.5% of GDP annually. The introduction of state aid control is expected to bring more transparency and higher standards in the management of public spending. In particular, all existing state aid programmes implemented before 2 August 2017 should be notified to the Antimonopoly Committee of Ukraine (the "AMC") until 2 August 2018, and all new state aid may be granted only following the prior approval of the AMC.
According to experts, Ukraine ranks fourth in the world in export of IT-products; i.e., software. It is not a rare phenomenon for Western counter-parties buying software to encounter a low level of pre-sale clearance. In other words, the Ukrainian sellers are not always able to confirm their title rights to the software they dispose of, potentially exposing foreign buyers to the risk of IP-related claims of third parties.