Foley's International Business Transactions team represents clients conducting cross-border transactions throughout the world. Our team places great emphasis on understanding our clients’ particular commercial objectives in the context of the foreign business and legal environments in which they operate. Using a multidisciplinary approach, our lawyers apply the core competencies and various legal specialties within the Firm to our clients’ most pressing legal issues.
International Corporate Transactions
Foley attorneys assist clients with structuring international mergers and acquisitions, joint ventures, privatizations, divestitures, joint development agreements, joint operating arrangements, asset development and construction projects, project and structured finance transactions, privatization bids and other public solicitations for goods, services or project and investment opportunities, as well as other forms of commercial teaming arrangements (e.g., agency, distribution and licensing agreements) common in international investments, project development and operations.
We advise clients on the proper investment and operational structures for cross-border and other international projects and transactions, taking into account tax deferral and tax minimization opportunities available through the interaction of tax and investment treaties between the United States and the country or countries in which the transaction or operation is to be carried out. Our international tax attorneys specialize in structuring U.S. overseas operations from both the U.S. and foreign tax perspectives and in addressing the U.S. federal income tax and state tax needs of non-U.S. parent companies with U.S. investments and operating affiliates. We address international transfer pricing issues and also negotiate Advance Pricing Agreements with the U.S. Internal Revenue Service and its counterparts in Japan, Mexico and Europe.
Foley attorneys advise on projects that involve the financing, ownership, transfer or operation of ships and vessels, including power barges, semi-submersible and other drilling rigs, floating and moored production platforms, and floating storage, handling and discharge facilities. We also help structure and negotiate vessel, drilling rig, production platform, river barge and power barge financings and help clients use a wide range of complex debt and equity structures, including syndicated secured credit facilities, sale-leaseback structures, other structured finance arrangements and credit facilities guaranteed by the U.S. Maritime Administration under Title XI of the Shipping Act.
Dealings with Foreign Governments
We help clients structure and negotiate contractual relationships with foreign governments, agencies and instrumentalities of foreign governments, and state-owned or mixed-capital corporations and other state-controlled entities. Our team has experience with preparation and submission of bids and proposals, including performance bonds and other forms of security; negotiation and formation of joint ventures, joint bidding, joint participation and other teaming arrangements; government contract negotiations; handling of privatization, public bid and procurement protests, including those relating to solicitation provisions; performance of bid evaluations, political and project risk assessments, evaluations of project, and legal and regulatory regimes and environmental restrictions; political, legal and other project risk mitigation strategies; contract and bid awards and on the prosecution and defense of bid challenges and bid contests; and evaluating foreign concession agreements, licenses and permits and advising on all contractual performance issues.
Foley lawyers advise clients on the structuring and negotiation of project, asset and corporate financings for U.S. and overseas construction and development projects and on capital financing transactions for U.S. and non-U.S. operations and businesses. We have experience in handling emerging markets transactions, particularly in Latin America.
We have a full service immigration practice assisting corporations with obtaining the proper visas for hiring, transferring and training their employees in the United States. Our immigration lawyers have vast experience with the following: short- and long-term planning of both permanent and temporary international transfers of personnel for corporate companies, obtaining U.S. non-immigrant visas, TN NAFTA work authorizations, obtaining U.S. permanent residence through employment, investment or family relationships, I-140 immigrant petitions, PERM labor certifications, National interest waivers, I-485 adjustment of status, I-539 extensions/change of status, Visa applications or extensions, I-131 advance paroles and reentry permits, I-765 employment authorizations, N-400 applications for naturalization, N-470 applications to preserve permanent residence, N-600 applications for certificate of citizenship and I-9 and employer sanctions issues.
International Transportation Services
Our International Transportation Team represents carriers, shippers and intermediaries in the motor carrier, rail and aviation industries. For clients wanting to expand their services internationally, we help set up the appropriate and optimal business structure (e.g., strategic alliances, joint ventures and limited partnerships), we provide an analysis of the applicable target country’s tax, labor and immigration requirements, we help identify the applicable exemptions and opportunities for minimizing tax and legal burdens, and we assist clients in complying with tax, labor & employment, work permit and immigration requirements. We also defend shippers against liens asserted by carriers, in the context of international treaties as well as U.S. federal and state laws, and represent carriers and shippers in connection with cargo claims. We advise foreign investors regarding entry restrictions applicable to the U.S. transportation industry. We regularly provide counsel to carriers and shipping customers, including those engaged in the energy sector, regarding U.S. federal and Texas regulatory requirements, and assist them in structuring compliance policies and procedures. We work with carriers and freight intermediaries to develop security protocols and due diligence measures and assist with Customs, export controls and FCPA issues and compliance.