Back to Lot 1 contents BURGES SALMON LLP Telecommunications International Trade, Investment and Regulation Our specialist industry expertise and in-depth understanding of the needs of telecoms operators and internet service providers allows us to assist our clients in finding practical solutions to anticipate key areas of contention. We have worked with most if not all of the international telecoms operators over many years and understand the importance of a property portfolio in achieving commercial objectives, including keeping a network operational, reducing property overheads and liabilities, and ensuring operators have the facilities to support commercial activity. Our expertise includes: • Advising on content and rights licensing and the application and operation of the Telecoms Code • Infrastructure including equipment purchase, supply and installation • Interconnection agreements • Roaming agreements • Mast build and sharing agreements and roll-out programmes • Network build and outsourcing • Satellite launch contracts • Transponder leases, software applications and systems consultancy • Collaboration, development and integration covering new technologies and platforms, websites and portals • Mast and switch upgrade licences • Wayleaves, Planning and CPO • Network Sharing & Network • Optimisation Agreements. Case studies OFCOM Advising on the outsourcing of the management of the allocation and distribution of funds for enabling the clearance of broadcasting spectrums. The structure and nature of the arrangements were heavily scrutinised within government, spectrum users and the press. First Trenitalia West Coast Limited and First MTR South Western Trains Advising in relation to their respective network coverage extension agreements with BT to improve the provision of mobile coverage on the rail network. Octopus Investments Advising Octopus, the UK’s leading investor in fibre, on the implications of the government’s Telecoms Supply Chain Review, and the cybersecurity legal requirements that mobile and fibre operators will need to implement and flow down the supply chain. Rail operator Advising on a collaboration arrangement and subsequently the commercial exploitation of a groundbreaking new communications technology designed to enhance the provision of 5G on the rail network. We help clients navigate the complexities of trade law against a backdrop of global challenges (including Brexit) allowing businesses to import and export goods and services in accordance with national and international laws. Drawing on expertise within the firm, we work with a trusted network of independent law firms around the globe to help public and private sector clients achieve their commercial aims and maximise international growth opportunities in their chosen markets to deliver joined up, commercial advice. Our expertise includes: • Product stewardship, environmental and safety compliance and investigations • Supply chain and country of origin implications for registration, labelling and taxation • Business immigration and visa applications • Trade, supply and distribution contracts • Cross-border M&A, competition, subsidies and antitrust • Cross-border financial services including access of EU firms to UK markets (and vice versa) • Customs, tariffs and trade regulation • Licensing, advertising, labelling and trading standards • Inward investment • International tax and trade finance • Trade disputes and trade remedies • Negotiating Free Trade Agreement IP chapters. Case studies Public Sector client Advising on the movement of goods between N. Ireland, Great Britain and the EU, and the implications of the N. Ireland Protocol on the movements. Department for International Trade Advising on patents, data and market exclusivity, designs and trademarks during the negotiation of IP chapters of Free Trade Agreements. Foreign, Commonwealth & Development Office Providing advice during the COVID-19 crisis on the implementation of commercial arrangements and loans to facilitate the repatriation of UK citizens abroad. Also provided advice on termination/ relief under various international construction contracts. Local Authority Advising on the requirements and processes to establish a Port Health Authority and Border Control Post. Back to Lot 1 contents Back to main contents Back to main contents 22
Back to Lot 1 contents BURGES SALMON LLP Public International Law Charities Law Our public international team has expertise in assisting clients with cross-border regulatory issues, trade-regulated litigation, labelling and country of origin advice, business immigration, inward investment, cross-border M&A and international taxation. Our nuclear team is also recognised for advising on the requirements of international nuclear law around the world. We act for governments, state owned nuclear developers, regulators and large international collaborations. Our expertise includes: • International dispute resolution including international arbitration and choice of jurisdiction/courts • Trade disputes including sector based disputes concerning tariff breaches • Regulatory requirements for imports/ exports including consumer law, product liability, obtaining approvals and engagement with regulators • Supply chain and country of origin implications for registration, labelling and taxation • International law and best practice relevant to nuclear safety, nuclear security, nuclear safeguards and nuclear liability • Nuclear export controls • UN Security Council Resolutions and constitution, statute and powers of the International Atomic Energy Agency • International transport of nuclear materials • Nuclear safeguards agreements and cooperation agreements. Case studies Eurostar Advising directly and on the engagement with former UK government shareholder LCR, on the application of the Treaty of Canterbury between UK and France relating to management of the Channel Tunnel Fixed Link. Advice covered issues such as oversight of safety compliance and responsibility, making submissions to the Inter- Government Commission set up to monitor the fixed link, charging and rights of access (including their overlap with later EU, UK and French law). Department for International Trade clients Advising DIT clients such as GCB Cocoa Singapore Ltd on their UK market entry and foreign direct investment projects. Nuclear regulator Advising on the requirements of International Nuclear Law and best practice, training staff, reviewing and reporting on the state’s implementation of the requirements of the Convention on the Physical Protection of Nuclear Materials and reviewing and amending the state’s framework nuclear laws, regulations and regulatory guidance. NI Translink Advising on continued operation and access to EU markets after Brexit leading to continuity agreements. We advise charities on all aspects of governance, structure and operations with experience of dealing with a variety of different charitable entities, including trusts, CIOs, charitable companies and unincorporated associations. We regularly advise non-departmental public bodies incorporated under Royal Charter. We collaborate with overseas lawyers where required, either with preferred firms that we already know and work with, or firms that you would prefer to use. Our expertise includes: • Advising on the appropriate choice of charitable entity and group structure • The creation of new charitable vehicles and registration with the Charity Commission and HMRC • Restructuring and mergers • Drafting or reviewing governing documentation including trust deeds and articles of association • Managing conflicts of interest • Advising on the establishment of and in relation to trading subsidiaries • Advising on exempt charity status and the role of a principal regulator • Advising complex organisations that work internationally and coordinating local tax advice in overseas jurisdictions • Fundraising and commercial participator requirements • Legal implications of disposing of land. Case studies Large international charity Advising on the tax implications of conducting primary purpose trade in six jurisdictions. The first phase of work involved advising on the charity and tax implications of becoming an exempt charity. The second phase involved coordinating local tax advice in each jurisdiction and preparing a consolidated report with our conclusions. Educational charity Providing guidance regarding the allocation of permanent and expendable endowments and whether to adopt a total return approach to investment. Various universities Advising on proposals including the construction of a new research facility and a green energy project with a local authority. This involved providing advice in relation to tax, procurement and charity law. Various museums Advising on the transfer of collections to other institutions, including tax, charity and trust and contract law considerations. Large retailer Advising on its relationship with its charitable foundation, including charity trading regulations and its commercial participator requirements. Back to Lot 1 contents Back to main contents Back to main contents 23
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