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Areas of practice

Public Finance, Trade and Regulation

State-backed finance operates within national, European and international law. Advice covers each layer, from the statute that authorises an instrument to the international rules that limit it.

Leine Palace and New Town Hall, Hannover

Public Finance Law

Federal Palace, Bern

Equity, loans, guarantees and insurance provided by or on behalf of the state rest on a legal basis: enabling legislation, budget authorisations, general terms and conditions and institutional documentation. Advice covers the design of that basis and its application to individual transactions.

Key Areas of Advice
Enabling legislation and general terms and conditions for public financing schemes
State guarantees, counter-guarantees and public-private risk-sharing structures
Statutes and legal documentation of public financial institutions and mandated agencies
Officially supported transactions: cover documentation, claims and recoveries

International Trade and Investment Law

World Trade Organization, Geneva

Trade and investment support must comply with international law. Advice covers whether a measure falls within those limits and how the rules on officially supported export credits apply.

Key Areas of Advice
Industrial policy measures and their limits under international trade law
WTO Agreement on Subsidies and Countervailing Measures, including the export credit safe haven
The OECD Arrangement on Officially Supported Export Credits and its sector understandings
Legal frameworks for investment guarantees and political risk cover
Effect of trade agreements on national support measures

International and European Regulation

Berlaymont building, European Commission, Brussels

European and international rules increasingly determine how public financial instruments are structured. Advice covers their requirements and their transposition into national law and practice.

Key Areas of Advice
EU State aid rules for guarantees, insurance and public financing
EU sustainable finance rules, including the EU Taxonomy, as applied to public instruments
Transposition of international standards and commitments into national law
Drafting and review of legislation and secondary rules

Clients and Approach

Clients

Governments and ministries, public financial institutions, international organisations, philanthropies, and corporates, banks and insurers in officially supported transactions.

Forms of Advice

Opinions and memoranda, drafting of legislation and documentation, representation before public authorities.

Cross-border Matters

Advice in German and English. Where foreign law applies, together with local counsel.

Legal Advice Only

Legal advice and representation only. No management or strategy consulting.

To discuss a matter, please get in touch by email.

a.klasen@kanzlei-klasen.com