Marina Kahiani

• Advised EBRD of 'Local Capital Markets' project, where GRATA in consortium with international counsel advised on improvement of legal framework of Kazakh capital markets regulations and drafted proposals to legislative amendments regarding amongst others, regulation of financial institutions, corporate governance framework, settlement of the transaction on the stock exchange and other;
• Advised the National Welfare Fund 'Samruk-Kazyna' and Government of the Republic of Kazakhstan on 'Peoples IPO' program, where GRATA in consortium with international counsel advised on improvement of legal framework and drafted respective legislative amendments regulating among others, corporate governance framework and securities regulations in Kazakhstan;
• Acting for JSC Astana Finance, a financial services group in Kazakhstan, in relation to its financial restructuring;
• Acting for syndicate of banks on USD 300 m loan restructuring of Ivolga Holding, a farming conglomerate which controls 1.5 m hectares of land across Russia and Kazakhstan;
• Acted for underwriters led by Credit Swiss on an IPO of a major telecommunication company (Kcell JSC) and dual listing of its shares on LSE and Kazakh stock exchange;
• Advising lead managers led by RBS in a debut US $ 680 m Eurobond offering of Samruk-Energy JSC;
• Acted for US Export-Import Bank on its debt financing of Lokomotiv JSC, a subsidiary of Kazakh national rail company, to renew locomotives park 
• Advising EBRD on the financing of a state-owned company with the purpose of modernising the water and heating systems in Aktau city, Kazakhstan;
• Advising Korean investors on the development, financing, construction, operation and maintenance of the Balkhash thermal power plant (ongoing debut IPP project in Kazakhstan);
• Advising Korean investors on the development, financing, construction, operation and maintenance of a 100 ~ 150 MW combined cycle gas fired power plant in the Kyzylorda region, Kazakhstan (ongoing);
• Advising an international bank on financing the modernisation of the electric networks of a city in Kazakhstan (ongoing);
• Advising dealers and the trustee a transaction on USD 3 billion Euro Medium Term Note Programme of Eurasian Natural Resources Corporation PLC, guaranteed by Kazakh guarantors;
• Advising Alliance Oil (the issuer) and Kazakh guarantor regarding the USD300 million Eurobonds issuance;
• Advising the creditor, a leading Chinese bank, in a transaction on the USD7.5 billion Asian Gas Pipeline financing;
• Advising a French bank, in a transaction on the financing of the largest Kazakh uranium company;
• Advising EBRD regarding the questions of a guarantee issued by a Kazakh company in a transaction on a Kyrgyz beverage producing company financing ;
• Advising EBRD on a syndicated loan to a Russian group of companies, as well as advising regarding the issues of a Kazakh company pledging its shares, movables and immovables;
• Advising a Dutch bank on issues regarding applicable law and means of disputes resolution in transactions on financing;
• Advising foreign creditors in a transaction on the refinancing of the largest Kazakh mining company and regarding an extension of the guarantee terms;
• Advising a Singapore bank in a transaction on the financing of a company, issuing a guarantee  and on issues regarding a future receivables pledge;
• Advising Korean creditors in a transaction regarding the assignment of a facility agreement;
• Advising a Kazakh gold mining company in a transaction on GDR issuance;
• Advising Kazakh subsidiary of a Scottish largest bank regarding Kazakh law issues related to the sale of the bank’s shares;
• Advising International Finance Corporation on the financing of a sea vessels purchase and mortgage of fleet;
• Advising the Eurasian Development Bank on the financing of sea vessels construction and purchase and mortgage of vessels under construction;
• Advising the Islamic Development Bank on Murabaha transaction;
• Advising on a potential transaction regarding the issuance of sovereign sukuk (ongoing);
• Advising America’s largest insurance company regarding the determination of an insured event;
• Advising a foreign financial company with regards to offering and sale of derivatives products in Kazakhstan and general local legal framework for derivatives;
• Advising a leading international bank regarding currency related issues to loan transactions.

Our recent experience in DRAFTING THE LEGISLATION includes:

• Advising an international financial institution and the Government of Kazakhstan on analysis of current PPP legal framework to determine legal impediments and issues, including drafting relevant legislative amendments and negotiating with the relevant state authorities (current project).
• Advising Asian Development Bank and the Government of Kazakhstan (represented by the Ministry of Health) on the ground-breaking Build-Transfer-Operate project in healthcare system (300-bed multifunctional teaching hospital in Karaganda city), including providing full legal support with structuring of the project; advising on amendments to the relevant legislation to make the proposed project feasible and bankable. This is the largest and debut project ever in Kazakhstan in healthcare sphere that will set up a benchmark for further hospital PPP projects (current project). Amendments to the Healthcare Code of Kazakhstan that were drafted by GRATA to set up specific regulation of PPPs in healthcare and make the project feasible and bankable were adopted by the President of Kazakhstan and entered into force in January 2020.
• Advised a foreign investor on entering into one of the largest investment projects in Kazakhstan - construction of a world-scale integrated petrochemical complex on production of polyethylene, including drafting the Government Support Agreement with the Government of the Republic of Kazakhstan and participation in negotiations with the Government of Kazakhstan and relevant state authorities. Project value is approximately USD 6.5 bln (current project).
• Advised Asian Development Bank and the Government of Kazakhstan (represented by the Ministry of Health) on pilot PPP projects in the primary healthcare (policlinics), including drafting template tender documentation and template PPP agreements for bankable PPP projects and guidance thereto.
• Advised Asian Development Bank on the study and recommendations for alternative approaches to financing of municipal housing and utilities infrastructure in the Republic of Kazakhstan, including work on improvement of the related PPP and project finance legislation.
• Advising Asian Development Bank and the PPP Development Agency of Uzbekistan on development of the Uzbekistan PPP Program including, but not limited to, the development of the template agreements and template PPP tender documentation for different sectors of economy (e.g. healthcare, power, transport, etc), as well as supporting the development of the regulatory and institutional framework for the PPP program. As part of the Project advised relevant Uzbek state authorities on the ongoing largest infrastructure projects in the country, including on debut 100 Megawatt solar power project (current project). Templates in healthcare were adopted by the Ministry of Health of Uzbekistan and entered into force in November 2019.
• Advising Asian Development Bank and the Government of Azerbaijan (represented by the Ministry of Economy and Ministry of Education) on two pilot student accommodation, PPP – structured projects, including identification of and procuring recommendations on legal constraints that prevent development of PPPs in Azerbaijan. As part of the project GRATA has drafted legislative amendments to the BOT Law and BOT rules to make PPP projects in Azerbaijan bankable.
• Advised Astana International Financial Centre (AIFC) regarding the AIFC rules, including the development of rules on companies, anti-money laundering, auditors, business rules, prudential rules, remuneration rules, rules for joint investment schemes, rules for a representative module, etc.
• Advised European Bank for Reconstruction and Development, Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH and the Ministry of National Economy on the project of Support to Drafting a Law On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning the Transition of the Republic of Kazakhstan to Green Economy including analysis of current legal framework on transition to “green” economy in such sectors like water/wastewater, solid waste management, urban transport, district heating and cooling to determine legal impediments and issues; participation in the working groups and meetings with representatives of state authorities and authorised organisations which activities is associated with transition to “green” economy in such sectors like water/wastewater, solid waste management, urban transport, district heating and cooling; drafting relevant legislative amendments.
• Advised European Bank for Reconstruction and Development and Government of the Republic of Kazakhstan on the initial stage of the Phase 1 of the reforming the tariff policy and legislative and regulatory framework for natural monopolies in various sectors of economy of Kazakhstan, including operation of water supply and water disposal, heating, airport services.
• Advised a leading global consulting company headquartered in Singapore on reforming the legislation in the field of special economic zones (SEZs) in the Republic of Kazakhstan in order to increase the efficiency of SEZs, modernize infrastructure and attract investments; including the preparation of a comprehensive analysis of legal issues related to the activities of SEZs and recommendations aimed at improving their activities.
• Advised a foreign consulting company in developing the concept of the Law “On Permits and Notifications”.
• Advised a Kazakhstan trading company on the development of draft amendments to the legislation on technical regulation of the Republic of Kazakhstan.
• Advised state bodies of the Republic of Kazakhstan on the development of certain parts of the Subsoil Use Code.
• Advised Global Green Growth Institute (South Korea) on improvement of legal framework for infrastructure projects based on PPP basis in water sector, where GRATA, among other things, participated in working groups with and respective government agencies of the Republic of Kazakhstan and worked on applicable regulation of tariffs that affect bankability of the project in water sector.
• Advised Asian Development Bank and relevant government bodies of the Republic of Kazakhstan on reforming the tariff policy and legislative and regulatory framework for natural monopolies in water, district heating and waste disposal sectors to attract private investments.
• Advised an American multinational conglomerate corporation and respective government bodies of the Republic of Kazakhstan on reforming the tariff policy and legislative and regulatory framework for renewable energy power plants in the Republic of
• Advised Samruk-Kazyna National Welfare Fund in connection with the first stage of “People’s IPO” program, the program for development of legal framework for the partial privatisation of Kazakh blue chip companies (KEGOC, Kazpost, etc).
• Advised Samruk Kazyna Contract LLP in drafting of the Unified Rules of Realisation of Samruk Kazyna Group Assets.
• Advised European Bank for Reconstruction and Development on the legal and regulatory framework of debt capital market in the Republic of Kazakhstan including continued recommendations on the development and amendment of legislation. As a part of the assignment GRATA was involved in discussions with state financial regulator (National Bank of the Republic of Kazakhstan) and key market players.
• Advised Samsung C&T and KEPCO on the Balkhash Power Plant project (debut USD 4 bn IPP project in the Republic of Kazakhstan), where GRATA, among other things, drafted and negotiated with the Government of the Republic of Kazakhstan and unprecedented international treaty between the Republic of Kazakhstan and South Korea that created specific legal framework for the project and worked on applicable regulation of electricity tariffs that affect bankability of the project.
• Advised EuroChem, Russia’s largest mineral fertilizer producer on the construction of Chemical Producing Plant in South Kazakhstan (USD 2 bn total value infrastructure project) where GRATA, among other things, drafted and negotiated with the Government of the Republic of Kazakhstan unprecedented host government agreement between the Republic of Kazakhstan and a foreign investor.
• Advised European Bank for Reconstruction and Development on KZT 1.236 billion senior loan to Aktau TVS&V, water and district heating company of the City of Aktau, Kazakhstan, supported by Akimat of Western Kazakhstan through execution of the Project Support Agreement. The objective of the project is to enable the relevant local authorities to increase the efficiency of water operations in the region, so as to equip the city with the municipal infrastructure. As a part of assignment GRATA was involved in negotiations with Akimat.
• Advised European Bank for Reconstruction and Development on joint finance with the Kazakh Government of two providers of utilities located in the north of Kazakhstan, including drafting the implementation agreement with the Ministry of National Economy of the Republic of Kazakhstan.
• Advised consortium of Korean investors (GS and STX) on development, financing, construction, exploitation and support of 100 - 150 MW gas power plant in South Kazakhstan, including negotiation and working on host-government agreement with local mayor of region.
• Advised the World Bank and the Ministry of National Economy of the Republic of Kazakhstan on the development of PPPs in the Republic of Kazakhstan.
• Advised World Bank on improvement of the relevant legislation of Kazakhstan to make renewable energy projects in Kazakhstan bankable.
• Advised Kazakh largest zinc producer in connection with cooperation with the Government bodies in the course of formulating, discussing and approving amendments to the laws regulating mining activities.

Our recent experience in CONVENTIONAL ENERGY includes:

• Advised Samsung C&T and KEPCO on the Balkhash Power Plant project (debut USD 4 billion Independent Power Producer project in Kazakhstan), including negotiations with Government of Kazakhstan and respective state agencies and drafting unprecedented international treaty between Kazakhstan and South Korea that supersedes national legislation.
• Advised an investor on financing and construction of a thermal power plant in Kazakhstan where GRATA, among other issues, works together with the Agency of Regulation of Natural Monopoly (AREM) and other relevant state agencies on applicable regulation of tariffs for production of electricity and heat by a power plan that affect bankability of the project.

• Advised consortium of Korean investors (GS and STX) on development, financing, construction, exploitation and support of 100-150 MW gas power plant in South Kazakhstan, including negotiation and working on host-government agreement with local mayor of region.
• Advised a local investor on the financing and construction of a thermal power plant in the Northern Kazakhstan where GRATA, among other issues, negotiated the implementation agreement with the local government (Akimat) and worked together with the Agency of Regulation of Natural Monopoly and other relevant state agencies on applicable regulation of tariffs for production of electricity and heat by a power plan that affect bankability of the project.
• Advised European Bank of Reconstruction and Development in relation to a KZT 3.1 billion secured financing for AES Sogrinskaya TETS LLP (thermal power plant) for the purpose of equipment modernization.
• Advised a Kazakh investor on potential options of implementation of a project related to electric power system management under current PPP legal framework.
• Conducting due diligence for a large Asian company in relation to the purchase of the shares of an international energy corporation.

Our recent experience in RENEWABLE ENERGY includes:

• Advised shareholder of a Kazakh company – renewable energy producer in the negotiations with the Ministry of National Economy of the Republic of Kazakhstan and relevant litigation due to exclusion of such producer from the list of renewable energy producers in Kazakhstan; 
• Advised China Power International Co., Ltd. on investment into 100MW Zhanatas wind power project, including general advice on renewable energy projects legal framework in Kazakhstan, legal structuring of the project, conducting due diligence of the project, advising on land issues, regulatory approvals required for the project, PPA and other legal matters.

• Advised Chinese investor on acquisition of power plant using wind energy sources in Kazakhstan including due diligence of the project and Kazakh parties involved in the project (advice on the risk applicable to the project from Kazakh law perspective, review of applicable licenses and permits for construction and other project activities, advise on notifications/licenses and permits necessary for construction and other project activities, advise on connection of the power plant to the networks, review of title documents on the land plot, advise on tax and regulatory issues of renewable projects in Kazakhstan etc.).
• Advised Chinese investor on acquisition of power plant using solar energy sources in Kazakhstan including due diligence of the project and Kazakh parties involved in the project (advice on the risk applicable to the project from Kazakh law perspective, review of applicable licenses and permits for construction and other project activities, advise on notifications/licenses and permits necessary for construction and other project activities, advise on connection of the power plant to the networks, review of title documents on the land plot, advise on tax and regulatory issues of renewable projects in Kazakhstan etc.).
• Advised Spanish investors on acquisition of power plant using solar energy sources in Kazakhstan (advice on the risk applicable to the project from Kazakh law perspective, review of applicable licenses and permits for construction and other project activities, advise on notifications/licenses and permits necessary for construction and other project activities, advise on connection of the power plant to the networks, review of title documents on the land plot, advise on tax and regulatory issues of renewable projects in Kazakhstan etc.).
• Advised European Bank for Reconstruction and Development, Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH and the Ministry of National Economy of the Republic of Kazakhstan on the project of Support to Drafting a Law On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning the Transition of the Republic of Kazakhstan to Green Economy including analysis of current legal framework on transition to “green” economy in such sectors like water/wastewater, solid waste management, urban transport, district heating and cooling to determine legal impediments and issues; participation in the working groups and meetings with representatives of state authorities and authorised organisations which activities is associated with transition to “green” economy in such sectors like water/wastewater, solid waste management, urban transport, district heating and cooling; drafting relevant legislative amendments.
• Advised American multinational conglomerate on potential renewable energy project in Kazakhstan, including negotiation with the Kazakhstan government feed-in tariffs and improvement of relevant legislation.
• Advised Asian Development Bank and the State Committee of Industry, Energy & Subsoil Use of Kyrgyz Republic and Russian Kyrgyz Development Fund on the Small Hydroelectric Power Generation PPP project in Kyrgyzstan.  
• Advised foreign investor on investment into 25MW, 35MW and 40 MW Solar Power Projects in South Kazakhstan, including general advice on renewable energy projects legal framework in Kazakhstan, conducting due diligence of the projects, advising on land issues, regulatory approvals required for the projects, PPA and other legal matters.
• Advised Risen Energy on legal and regulatory due diligence of the 40 MW Solar Power Project in Karaganda region with focus on required approvals for the project and analysis of PPA.
• Advised Asian Development Bank and the PPP Development Agency of Uzbekistan on development of the Uzbekistan PPP Program including, but not limited to, the development of the template agreements and template PPP tender documentation  for different sectors of economy (e.g. healthcare, power, transport etc), as well as supporting the development of the regulatory and institutional framework for the PPP program. As part of the Project advised relevant Uzbek state authorities on the ongoing largest infrastructure projects in the country, including on debut 100 Megawatt solar power project.
• Advising World Bank on improvement of the relevant legislation of Kazakhstan to make renewable energy projects in Kazakhstan bankable.
• Advising China Development Bank on a USD 200 million to JSC Moynak Hydro Power Station.

Our recent experience in PUBLIC-PRIVATE PARTNERSHIP AND PROJECT FINANCE includes:

• Advised International Finance Corporation and the Government of Kazakhstan on the final stages of negotiation of “Big Almaty Ring Road (BAKAD), so far the biggest concession project valued at more than 1 billion US dollars in transport sector (toll-road).
• Advised a private partner on construction (infrastructure) of a road checkpoint and a transport and logistics center on the section of the Almaty-Khorgos highway of the international transit corridor “Western Europe – Western China” as a debut PPP project of a national level in Kazakhstan under the PPP Law legal framework. So far this is the biggest PPP project of a national level and the only executed PPP agreement where two different state agencies acting on behalf of the public partner.
• Advised an International Financial Institution on a nationwide project of modernization of wastewater treatment facilities throughout the Republic of Kazakhstan, including structuring the project, drafting reports on Kazakh law issues and participating in negotiations on the project (current project).
• Advised Asian Development Bank and the Government of Kazakhstan (represented by the Ministry of Health) on the ground-breaking Build-Transfer-Operate project in healthcare system (300-bed multifunctional teaching hospital in Karaganda city), including providing full legal support with structuring of the project; advising on amendments to the relevant legislation to make the proposed project feasible and bankable. This is the largest and debut project ever in Kazakhstan in healthcare sphere that will set up a benchmark for further hospital PPP projects (current project).
• Advised Asian Development Bank and the PPP Development Agency of Uzbekistan on development of the Uzbekistan PPP Program including, but not limited to, the development of the template agreements and template PPP tender documentation for different sectors of economy (e.g. healthcare, power, transport etc), as well as supporting the development of the regulatory and institutional framework for the PPP program. As part of the Project advised relevant Uzbek state authorities on the ongoing largest infrastructure projects in the country, including on debut 100 Megawatt solar power project (current project).
• Advised Asian Development Bank and the Government of Kazakhstan (represented by the Ministry of Industry and Infrastructural Development) on the new toll road in South Kazakhstan concession project (current project).
• Advised a foreign investor on entering into one of the largest investment projects in Kazakhstan - construction of a world-scale integrated petrochemical complex on production of polyethylene, including drafting the Government Support Agreement with the Government of the Republic of Kazakhstan and participation in negotiations with the Government of Kazakhstan and relevant state authorities. Project value is approximately USD 6.5 bln (current project).
• Advised Asian Development Bank and the Government of Azerbaijan (represented by the Ministry of Economy and Ministry of Education) on two pilot student accommodation, PPP – structured projects, including identification of and procuring recommendations on legal constraints that prevent development of PPPs in Azerbaijan (current project).
• Advised Asian Development Bank on the study and recommendations for alternative approaches to financing of municipal housing and utilities infrastructure in the Republic of Kazakhstan, including work on improvement of the related PPP and project finance legislation.
• Advised Asian Development Bank and the Government of Kazakhstan (represented by the Ministry of Health) on pilot PPP projects in the primary healthcare (policlinics), including drafting template tender documentation and template PPP agreements for bankable PPP projects and guidance thereto.
• Advised Asian Development Bank and the State Committee of Industry, Energy & Subsoil Use of Kyrgyz Republic and Russian Kyrgyz Development Fund on the Small Hydroelectric Power Generation PPP project in Kyrgyzstan.
• Advised Kazakhstan Project Preparation Fund on its various PPP projects, including technical college, airport and railway bypass (current project).
• Advised a concessionaire of the Aktau International Airport on tender documentation, negotiation and signing of a concession agreement and EPC contract, including structuring of the project, advice on tariff regulation and natural monopolies issues and cooperation with local municipality and other state authorities.
• Advised JSC Center of Development of Almaty City on various municipal level PPP projects of Almaty city, including bus transit system, solid domestic waste plant, velodrome, kindergartens and others.
• Advised Samsung C&T and KEPCO on the Balkhash Power Plant project (debut USD 4 billion Independent Power Producer project in Kazakhstan), including negotiations with Government of Kazakhstan and respective state agencies and drafting unprecedented international treaty between Kazakhstan and South Korea that supersedes national legislation.
• Advised EuroChem, Russia’s largest mineral fertilizer producer on the construction of Chemical Producing Plant in south Kazakhstan (USD 2 billion total value infrastructure project) where, among other things, drafted and negotiated with the Government of Kazakhstan and respective state agencies unprecedented host government agreement between the Republic of Kazakhstan and a foreign investor.
• Advised International Finance Corporation on a project of construction of a wastewater treatment plant.
• Advised TBEA, Chinese investor, on the proposed thermal power plant in East Kazakhstan, including structuring the project and advising on all local law issues.
• Advised an investor on financing and construction of a thermal power plant in Kazakhstan where GRATA, among other issues, works together with the Agency of Regulation of Natural Monopoly (AREM) and other relevant state agencies on applicable regulation of tariffs for production of electricity and heat by a power plan that affect bankability of the project.
• Advised an International Financial Institution and Astana Akimat (local executive body) on implementation of the wastewater treatment plant project in Astana under the PPP Law framework.
• Advised a Kazakh investor on possible legal options, including PPP, of implementation of street-lighting projects in Almaty and Astana cities.
• Advising a Kazakh investor on possible legal options of implementation of a project related to electric power system management under current PPP legal framework.
• Advising a Czech investor on a potential project in IT sector under the so-called direct negotiations framework of the PPP Law (i.e. a legal framework that allows awarding a PPP project without a tender).
• Advising Malaysian investor on a potential project in IT sector on possible legal options of implementation of the PPP project without a tender.
• Advised China Development Bank (CDB) and Bank of China (Hong Kong) Limited on a USD 7.5 billion syndicated secured loan facility to Asia Gas Pipeline LLP to finance the Central Asia-China gas pipeline project, that forms the backbone of infrastructure connections between Central Asia and China.
• Advised European Bank for Reconstruction and Development and respective Kazakh state authorities on the Astana Bus Project including analysis of current legal framework regulating urban transport (including tariff regulation in the sector) and verification of legal structure of the project, drafting of the public service contract (PSC), determination of the rights and obligations of the parties.
• Advised European Bank for Reconstruction and Development on Kyzylorda CNG Bus Project, including advice on structuring, review of the public service contract as a PPP agreement with local municipality and relevant tender documentation.
• Advised European Bank for Reconstruction and Development on a KZT 1.236 billion senior loan to Aktau TVS&V, water and district heating company of the City of Aktau, Kazakhstan, supported by Akimat of Western Kazakhstan. The objective of the project was to enable the relevant local authorities to increase the efficiency of water operations in the region, so as to equip the city with the municipal infrastructure. As a part of assignment, GRATA was involved in negotiations with the Akimat.
• Advised European Bank for Reconstruction and Development in relation to a KZT 3.1 billion secured financing for AES Sogrinskaya TETS LLP (thermal power plant) for the purpose of equipment modernization.
• Advised local mayor (Akimat) and PPP centre of Karaganda city on the initial stage of the potential concession project (kindergartens), including review of the tender documentation and draft concession agreement.
• Advising the World Bank and the Ministry of National Economy of Kazakhstan on the development and improvement of PPPs in Kazakhstan.
• Advised China Development Bank (CDB) and Bank of China (Hong Kong) on a USD 2.5 billion syndicated secured loan facility to Beineu – Shymkent Gas Pipeline LLP (controlled 50-50 by KazTransGas and CNPC) to finance a gas pipeline project in the Republic of Kazakhstan, where GRATA, among other issues, worked on applicable for natural monopolies tariff regulation of transportation of gas issues that affect bankability of the project.
• Providing step-by-step implementation plan for respective government agencies of Kazakhstan and EBRD that shall enable implementation of four real projects in water sector on PPP basis in Kazakhstan together with KPMG and GGGI.
• Advised KEXIM, K-SURE and other ECAs on the multi-billion dollar project financing of the IPCI2 petrochemicals plant in Atyrau, Kazakhstan, where GRATA, among other things, advised on possible legal structures of implementation of the project and potential state guarantees.
• Advised JSC Sberbank of Russia on financing of the expansion of Northern Terminal of Aktau International Sea Port, including advice on relevant natural monopoly issues and tariff regulation.
• Advised consortium of Korean investors (GS and STX) on development, financing, construction, exploitation and support of 100-150 MW gas power plant in South Kazakhstan, including negotiation and working on host-government agreement with local mayor of region.
• Advised local investor on development, financing, construction, exploitation and support of a coal power plant in the North Kazakhstan, including negotiation and working on host-government agreement with local mayor of region.
• Advised a potential concessionaire of the Astana-Karaganda highway in negotiations with the grantor regarding the concession documents, reviewing, commenting and advising on tender documents and tender participation procedures, preparing concession documents for the tender bid on behalf of the client, reviewing and advising on a concession agreement.
• Advised a potential concessionaire on legal issues related to PPP (land transfer and lease agreements, licenses, performance bonds and a parent company guarantee, issuance of infrastructure bonds, financing issues, creation of an SPV, direct agreements with lenders and shareholders, bankability issues). Advising on an exchange rate mechanism and risk sharing mechanism, security issues.

Our recent experience in HOUSING AND COMMUNAL SERVICES includes:

• Advising an International Financial Institution on a nationwide project of modernization of wastewater treatment facilities throughout the Republic of Kazakhstan, including structuring the project, drafting reports on Kazakh law issues and participating in negotiations on the project (current project).
• Advised Asian Development Bank on the study and recommendations for alternative approaches to financing of municipal housing and utilities infrastructure in the Republic of Kazakhstan, including work on improvement of the related PPP and project finance legislation.
• Advised European Bank for Reconstruction and Development on the restructuring of three existing loans issued by Water Resources Marketing LLP, a water management organization in South Kazakhstan, including advising on subsidies under the state subsidy program for heat, water supply and wastewater systems modernisation.
• Advised European Bank for Reconstruction and Development on a project for secured financing of subjects of natural monopolies in North Kazakhstan providing heating services, including participation in negotiations with the Ministry of National Economy on subsidizing a state program in the field of heating, water supply and water disposal.
• Advised an investment company in relation to the rehabilitation and modernisation of the Semipalatinsk heating system, including anti-trust issues, financing at a regional level, due diligence of assets, environmental laws and currency issues.
• Advised European Bank for Reconstruction and Development on joint finance with the Kazakh Government of two providers of utilities located in the north of Kazakhstan, including drafting the implementation agreement with the Ministry of National Economy of the Republic of Kazakhstan.
• Advised JSC Center of Development of Almaty City on various municipal level PPP projects of Almaty city, including solid domestic waste plant.
• Advised International Finance Corporation (IFC) on implementation of the waste water treatment plant project.
• Advised European Bank of Reconstruction and Development on a KZT 1.236 billion senior loan to Aktau TVS&V, water and district heating company of the City of Aktau, Kazakhstan, supported by Akimat of Western Kazakhstan. The objective of the project was to enable the relevant local authorities to increase the efficiency of water operations in the region, so as to equip the city with the municipal infrastructure. As a part of assignment, GRATA was involved in negotiations with the Akimat.

• Advised European Bank for Reconstruction and Development and Government of the Republic of Kazakhstan on the initial stage of the Phase 1 of the reforming the tariff policy and legislative and regulatory framework for natural monopolies in various sectors of economy of Kazakhstan, including operation of water supply and water disposal, heating, airport services.
• Advised European Bank of Reconstruction and Development on secured co-financing of Pavlodar LLP and Petropavlovsk LLP, natural monopolies providing services in heat distribution, together with the Ministry of National Economy of the Republic of Kazakhstan (by the way of subsidies under the state subsidy program for heat, water supply and waste water systems modernization).

• Advised Management & Consulting Services GmbH on the wastewater treatment project funded by the German Bank for Reconstruction (KfW).
• Advised Asian Development Bank and the State Committee of Industry, Energy & Subsoil Use of Kyrgyz Republic and Russian Kyrgyz Development Fund on the Small Hydroelectric Power Generation PPP project in Kyrgyzstan.  

• Advised European Bank of Reconstruction and Development, Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH and the Ministry of National Economy on the project of Support to Drafting a Law On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning the Transition of the Republic of Kazakhstan to Green Economy including analysis of current legal framework on transition to “green” economy in such sectors like water/wastewater, solid waste management, urban transport, district heating and cooling to determine legal impediments and issues; participation in the working groups and meetings with representatives of state authorities and authorised organisations which activities is associated with transition to “green” economy in such sectors like water/wastewater, solid waste management, urban transport, district heating and cooling; drafting relevant legislative amendments.
• Advised Global Green Growth Institute (South Korea) on improvement of legal framework for infrastructure projects based on PPP basis in water sector, where GRATA, among other things, participated in working groups with and respective government agencies of the Republic of Kazakhstan and worked on applicable regulation of tariffs that affect bankability of the project in water sector.