Defence & Aerospace

Services

Transaction Support

• Formulating Entry Strategies – Detailing the Business Plan (Focussed Markets, Investments, and Risks);
• Defence Business Valuation and Market Due Diligence;
• End-to-end M&A and JV Consulting – Ranging from identifying the right partner to forging partnerships;
• Decoding the Defence Procurement Procedure (DPP) and the Defence Production Policy (DPrP) to gain competitive advantage across Buy (IDDM, Indian), Buy & Make, Make and Strategic Partnership Categories;
• Optimising Winning solutions – including support during bidding – review of various bidding documents in the RFP/EoI phases in line with the applicable DPP provisions, tax laws and export control regulations;
• Driving Growth through Strategy and Tactical consulting (programme specific);
• Incorporation of special purpose vehicles, drafting of the constitutional documents and ancillary work;
• Drafting and vetting of Joint venture agreements, Collaboration agreement, Supply agreements, Technology Transfer and Technical Support Agreements, Intellectual property licence agreements, Confidentiality & Non-Disclosure Agreements and other ancillary agreements;
• Transaction Support which inter-alia, covers due diligence, negotiations, documentation

Taxation Optimisation and Structuring

• Inbound and outbound structuring;
• Treaty interpretations;
• Identifying tax efficient structure for supplies against export orders, offset orders and domestic supplies;
• Structuring and/or re-structuring for domestic and cross border supplies;
• Bid related assistance;
• Structuring of Revenue and/or capital flows – for example, dividend, royalty, fees for technical services;
• Advocacy support;
• Tax compliance & dispute assistance (litigation support)

Advocacy, Legal cum Commercial Review and Litigation Support

• Contract Review and Negotiation Support post bidding stage. Supply and procurement contracts of foreign bidders and/or partners and developing the risk matrix for the same. Contract review and risk matrix development for sub-supplier contracts;
• Drafting and Front-ending Policy Recommendations for Industry (Advocacy Support) and Policy documents for the Ministry of Defence;
• Joint Ventures and collaborations which would include due diligence of the Indian companies involved;
• Guidance on anti-bribery laws and international trade sanctions;
• Representation regarding import and export transactions and acquisitions of all kinds;
• Advising, strategising and representing our clients across fora, tribunals and courts from the inquiry & investigation stages right until the Supreme Court of India;
• Disputes and/or Dispute resolutions;
• Anti-bribery and corruption investigations including compliance checklists

Export and Regulatory Compliance Support

• Assisting companies in developing export compliance procedures and export management systems and procedure reviews;
• Drafting and vetting of Agreements to be export control compliant between parties;
• Guide companies through export controls due diligence in domestic and multinational transactions;
• Advisory on coverage under the regulations, and attendant compliances and/or procedures – this involves an analysis of the technical characteristics, end-use and/or end-user of the product, Customs HS codes, and precedents in terms of past license applications where available;
• Assistance with drafting, filing and follow up of applications and/or representations for clarification on coverage with the concerned Ministries and Departments;
• Assistance with applying for and obtaining export licences, where required, from the Directorate General of Foreign Trade(DGFT) and/or the concerned Ministry and Department;
• Review of business operations and transactions so as to identify risk areas (potential non-compliance) and suggest measures for risk mitigation;
• Preparation of Standard Operating Procedure, including checklists for compliance, identification of a broad approach for future risk assessment, outlining of decision process to be followed, and broad guidelines for supporting processes, including documentation and record keeping;
• Advice and assistance on policy initiatives and representations before Governmental authorities;
• Conduct internal training and draft manual on export compliance