Managing Director, Lao PDR

Transcription

1 ADVISER PROFILE NAME: POSITION: LOCATION: EXPERIENCE: NATIONALITY: RUPERT HAW Managing Director, Lao PDR Vientiane, Lao PDR 20 years South African CURRICULUM VITAE Membership in Professional Societies: Admitted Attorney of the High Court of South Africa, 1997 Natal Side Bar, 1997 Key Qualifications: Rupert was admitted as an attorney of the High Court of South Africa in 1997 and holds a B. Proc. (University of Natal, South Africa). Rupert has outstanding experience in telecommunications, corporate finance and M&A s in South East Asia and he enjoys strong credentials in regulatory and operational risk management in emerging markets. Rupert was previously Senior Manager of Deloitte Forensic & Dispute Services where he was responsible for managing a number of major investigations into fraud and corruption for the private sector and law enforcement agencies in both Africa and the US. Rupert also has sound experience in dispute resolution and has represented numerous firms in contentious proceedings in both the superior and lower courts. He also has a strong interest in private commercial arbitration. Education: 1993 University of Natal s Howard College School of Law Baccalaureus Procurationis (Bachelor of Legal Practice) degree from 1990 to Certificate in Arbitration (AFSA), 2000 Employment Record: DFDL, Vientiane, Lao PDR Managing Director, Lao PDR (Apr 2014 Present) Deputy Managing Director, Lao PDR (May 2013 Apr 2014) Consultant (Jul 2012 May 2013) Deputy Managing Director, Myanmar; Senior Legal Adviser (Aug 2011 Jun 2012) Areas of practice include M&A s, Corporate Finance, Dispute Resolution Independent Consultant (Mar 2010 Jul 2011) Phnom Penh and Singapore Excellence. Creativity. Trust Since 1994 Phai Nam Road, House 004 Xieng Yeun Village (PO Box 2920) Vientiane, Lao PDR B A N G L A D E S H * C A M B O D I A * I N D O N E S I A * L A O P D R M Y A N M A R S I N G A P O R E T H A I L A N D V I E T N A M * In commercial association with local law firms t: f: e: laos@dfdl.com

2 HBS Law Firm & Consultants Director: Corporate & Commercial (Jan 2009 Feb 2010) Travel through Southeast Asia DFDL Mekong, Phnom Penh, Cambodia (Sep 2006 to Aug 2008) Senior Adviser December 2005 to September 2006 (sabbatical in Southeast Asia region). DELOITTE, Nigeria (Apr 2005 Dec 2005) Independent Consultant DELOITTE FORENSIC AND DISPUTE SERVICES, South Africa (Jan 2001 Mar 2004) Senior Manager DELOITTE LEGAL, Johannesburg, South Africa (May 1999 Sep 2000) Manager VAN ONSELEN O CONNELL, Durban, South Africa (Apr 1998 Apr 1999) Attorney WYNNE & WYNNE, Eshowe, South Africa (Oct 1995 Mar 1998) Attorney Training & Public Speaking A frequent guest speaker for the Council on Education and Management. Also addressed the Institute of Chartered Accountants, the Institute of People Management, the Institute of Mechanical Engineers, the South African Bureau of Standards and various agricultural societies. Frequently appeared in the press, including radio and television as an expert in the field of money laundering control. Conducted training workshops for public sector representatives on money laundering, terrorism financing and corporate governance in Tanzania and Uganda. Conducted regular training in relation to white-collar crime on behalf of the Fraud Inside Out series conducted throughout South Africa. Presented a training seminar for De Beers on the relationship between terrorism financing, money laundering and global anti-corruption measures and how such measures may impact on the global diamond trade. Conducted extensive internal training for the risk management and audit divisions within the Deloitte southern Africa practice on money laundering risks. Details of Major Projects Undertaken Focus on Corporate & Commercial Sectors Advised Hongkong Land Ltd on USD 35M real estate acquisition in Cambodia. Lead onshore counsel to international banking group on USD 40M facility for construction of food processing facility. Lead onshore counsel to Standard Bank PLC and ANZ Banking Group Ltd on financing of USD 421M leveraged buy-out for Cambodia s largest private equity investment (Asia Deal of the Year, 2009 Telecom Finance). Lead counsel on due diligence of USD 217M sale of ShinCorp s Cambodian telecommunications operations. 2

3 Focus on Corporate & Commercial Sectors Lead onshore counsel on behalf of foreign investor negotiating with the Royal Government of Cambodia for a USD 259M investment in the proposed national flag carrier. Lead counsel on due diligence of Telekom Malaysia s Cambodian operations for off-shore merger. Lead adviser to Asian Development Bank on syndicated debt financing under Cambodian banking laws. Lead adviser on loan financing and security agreements for ANZ Royal for a USD 20M facility in telecommunications sector in Cambodia. Lead onshore adviser on loan financing and security agreements for DEG for a USD 40M facility in telecommunications sector in Cambodia. Lead adviser to Total (downstream and upstream), Nokia and Yamaha on Cambodian operations. Lead adviser to Citibank on onshore Cambodian guarantees for USD 5M facility. Lead adviser to AEON Thana Sinsap on establishment of financial leasing services in Cambodia. Structuring foreign land-holding structures and drafting leasehold and security agreements as well as corporate documents for developers and investors in Cambodia Lead adviser to Leopard Capital on investment in food and beverage sector in Cambodia. Lead adviser to Leopard Capital on investment in state land concession for commercial rice growing project in Cambodia. Drafted legal opinions on Cambodian law in relation to enforcement of local agreements for Citibank, DBS Bank and Oversea Chinese Banking Corporation, AerCap, Tomato Bank (Korea) and DEG. Advised major law firms including Linklaters, Drew & Napier, King & Spalding, Yulchon and Bae Kim & Lee on Cambodian law issues. LAO PDR Lead counsel to IFC and other sellers on the sale of shares in locally registered commercial bank, conducting review of and opining on share transfer. Lead counsel to FMO and Norfund in respect of USD 20M facility in financial services sector. Lead counsel to IFC on USD 10M financing facility in manufacturing sector. MYANMAR Advised Chinese state-owned enterprise on proposed USD 600M agricultural project in Myanmar. Advised Ogilvy & Mather on acquisition of equity in local advertising firm in Myanmar. Advised Philip Morris International on taxation and market entry issues in Myanmar. Participated in large due diligence exercises including the JD Group bid for the Ellerines Group in Johannesburg. Advised Drake & Scull and Primedia Ltd on legal consequences arising from outsourcing contracts under South African law. Focus on Risk Management/Financial Crime Sectors Project Manager of investigative assignment in telecommunications sector in Nigeria. Based in Lagos, assisted the Internal Audit division with investigations into financial mismanagement, procurement irregularities and corruption. Advised on policy issues and control weaknesses. 3

4 Focus on Risk Management/Financial Crime Sectors Appointed by the Minister of Trade and Industry as an Inspector in terms of section 258 of the Companies Act to investigate a case of share price manipulation on the JSE Johannesburg Securities Exchange, exercising powers of search and seizure and to subpoena witnesses. Conducted investigation on liability under the Foreign Corrupt Practices Act in Angola resulting in penalties awarded by the US Securities and Exchange Commission. Conducted investigation on liability under the Foreign Corrupt Practices Act in Congo. Managed the money laundering risk assessment for the African and Middle Eastern regions of a global manufacturer based in Japan, conducted site visits in South Africa and the United Arab Emirates; subsequently assisted as the co-drafter of a money laundering risk report involving 35 countries. Managed fraud, procurement and unfair competition investigations for multinational corporations including Unilever, Massmart (Makro retailers), Fluor, Afripak, Barrows and Dow Chemicals in South Africa. Appointed by the Office of the Auditor-General to investigate misappropriation of funds, misuse of state property and procurement irregularities by the Department of Local Government and Housing and various local and provincial government offices. Advised the curator of estates frozen by the Special Investigations Unit of the Department of Justice on legal obligations. Advised on money laundering risk for Deloitte southern Africa conducting research and development exercises in New York and London Drafted fraud risk control policies and corporate governance guidelines. Conducted regular training in relation to white-collar crime on behalf of the Fraud Inside Out series throughout South Africa. Advised private sector firms on money laundering risk, including De Beers, Vodacom, Anglo American, BOE Bank, Marriott Bank and Barloworld. Established the money laundering control group for South Africa s four largest motor retail groups. Conducted training workshops on money laundering, terrorism financing and corporate governance in Tanzania and Uganda. Advised Merrill Lynch on financial crime investigation involving allegations of money laundering through Cambodian banks Focus on Dispute Resolution Sector Mediated employment disputes arising out of insolvency proceedings and negotiated retrenchment packages on behalf of the curator of FBC Fidelity Bank in South Africa. Represented the applicant in the precedent-setting case of Nzukulu & Others v Natal Trust Farms (Pty) Ltd as reported in the South African Law Reports. Served on the disciplinary panel of the South African Revenue Service, which presided over all internal disciplinary enquiries. Advised Harmony Gold and Stalcor on disputes arising from unfair competition claims and restraints of trade. Represented numerous banks in contested debt recovery proceedings, including claims for freezing of assets, enforcement of security over collateral and applications for bankruptcy proceedings. 4

5 Focus on Dispute Resolution Sector Frequent appearances before the Commission for Conciliation, Mediation and Arbitration. Frequent appearances before the lower courts as a criminal defence attorney. Frequent appearances before the Labour Court. Appointed as a Commissioner by Minister of Commerce to serve on the Selection and Inception Commission of the National Arbitration Centre of Cambodia. Contributing author to Arbitration in Asia, published by Juris, Languages: Speaking Reading Writing ENGLISH Excellent Excellent Excellent AFRIKAANS Fair Fair Fair ZULU Fair Nil Nil BANGLADESH DHAKA bangladesh@dfdl.com PHNOM PENH cambodia@dfdl.com INDONESIA JAKARTA indonesia@dfdl.com LAO PDR VIENTIANE laos@dfdl.com MYANMAR NAYPYIDAW YANGON myanmar@dfdl.com SINGAPORE SINGAPORE singapore@dfdl.com THAILAND BANGKOK thailand@dfdl.com PHUKET phuket@dfdl.com SAMUI samui@dfdl.com VIETNAM HANOI hanoi@dfdl.com HO CHI MINH CITY hcmc@dfdl.com