Aisanat Safarbek kyzy

Policy-making activity

• Analyzed drafts of the State Procurement Law and the relevant bylaws, worked out recommendations aiming on transparency, accountability, and clear regulatory procedures for the state procurement.
• Analyzed and commented drafts of the Criminal and Criminal Procedure Codes of Kyrgyzstan, including presentation of the analysis before the Ministry of Economy, business associations, further negotiations with the General Prosecutor’s Office (as a result most of the comments were accepted and reflected in the drafts of the codes) and presented my analysis at the committee’s hearings of the Parliament;
• Worked out and proposed legal reforms dedicated to cooperation of law-enforcement bodies with entrepreneurs, decrease pressure on business which were included in Decree of the President of the Kyrgyz Republic No.3 dated 29 January 2021.
• Drafted and promoted the draft law on the Business Ombudsman of the Kyrgyz Republic together with the Ministry of Economy, including negotiations with the state bodies, preparation of arguments and counter-arguments, further development of the draft law and supported the project on all stages.

Corporate and M&A:

• Major Russian oil company in relation to potential M&A transaction of the dominant aircraft fuelling company of Tajikistan, lead legal and tax due diligences, advised client on corporate, labour and other issues.
• KazMunaiGaz-Service on reorganization of its subsidiaries in Kyrgyzstan, structured the transaction, conducted a legal due diligence of the subsidiaries, obtained antitrust approval for the transaction, and closed the project successfully.
• Worldwide social network company on doing business in Kyrgyzstan, advised on corporate, tax and personal data regulations.
• Major Kazakh Bank on closing the M&A transaction in relation to the bank’s subsidiary in Tajikistan, conducted a due diligence and advised on anti-trust and banking permits.

Banking:

• European Bank of Reconstruction and Development on financing major banks and financial institutions of Kyrgyzstan through different forms of financing (KyrSEFF, MSME, senior, subordinated and other loans), conducted a legal due diligence of those banks and financial institutions, issued legal opinions, and accompanied mortgage registration procedures.
• China Development Bank on 120 million USD loan in favour of a gold mining company for a gold mine financing, conducted a legal due diligence.
• Sparkassen Lolland A/S on financing local air companies and taking aircrafts as a security in Kyrgyzstan and Tajikistan, reviewed agreements and registered the security in Kyrgyzstan.
• Major international institutions on financing banks and financial institutions in Kyrgyzstan, in particular, Triodos, ResponsAbility, BlueOrchard and others.

Insolvency and Debt Restructuring:

• Huawei Technologies Co., Ltd. advised and represented the company as a creditor in bankruptcy procedure of the mobile operator Fonex (AkTel LLC), participated in court proceedings, creditors’ meetings, and advised the client on restructuring of the debtor, supported the client during the procedure of a special administration.
• Huawei Technologies Co., Ltd. on debt restructuring issues of one of the internet providers in Kyrgyzstan, successfully closed the project.

Public Private Partnership:

• Fresenius Medical Care on issues arising due to implementation of PPP Project “Organization of haemodialysis services in Bishkek, Osh and Jalal-Abad”, the first ever PPP project in Kyrgyzstan. Due implementation included analysis and drafting internal documentation for each stage of the project, participation in weekly meetings with the public partner, IFC as a coordinator, and other stakeholders, and overall support of the private partner.