B. C. Toms and Co

Law Offices

B.C. TOMS & CO – ENVIRONMENTAL LAW PRACTICE GROUP

Our Firm is ranked by the independent KyivPost survey of law firms, as one of the several leading law firms in Ukraine. Our foreign and Ukrainian lawyers have excellent qualifications from leading law schools and many years of practice experience.

Commitment to quality is the cornerstone of our law practice. Our over 28 years of experience in Ukraine give us a significant advantage in understanding the many hidden problems and loopholes that need to be addressed to eliminate risks in environmental matters.

B. C. Toms & Co, traditionally a leading law firm in Ukraine in environmental law, has developed expertise for Ukrainian projects. We have in particular developed experience in the implementation of Kyoto Protocol mechanisms for emission reductions projects in Ukraine, including the following:

(1) Advising a major chemicals company involved in the production of an industrial acid on its project for the reduction of greenhouse gas emissions;

(2) Providing an overview of Ukrainian law on the implementation of Kyoto Protocol mechanisms, with an analysis of the inconsistencies between the international regulations implementing the Kyoto Protocol and Ukrainian law, including pending draft laws and regulations, discussing our concerns with senior officials of the National Agency for Ecological Investments (that is primarily responsible for Kyoto implementation in Ukraine) and providing recommendations on the further development of the legal framework for the implementation of the Kyoto Protocol in Ukraine in order to facilitate ERU projects;

(3) Advising on an agreement on collaboration for the implementation of JI projects in Ukraine to reduce environmental damage;

(4) Development of a purchase contract for future ERU purchase transactions;

(6) Development of a marketing agreement between an emission reductions trader and the owner of a JI Project regarding the trader’s role to purchase and/or market produced ERUs;

(7) Advising on the procedure for the delivery of ERUs from the proposed Ukrainian Registry of Carbon Units to the registry of another state, and developing security mechanisms to protect the purchaser’s interests and prevent duplicate fraudulent sales of the same ERUs to different purchasers;

(8) Advising on currency control regulations and other financial restrictions affecting JI project implementation and ERU trading (including for the export of ERUs and the making of payments abroad for marketing and trading services); and

(9) Advising a major privately owned multinational company on its proposed environmental projects in Ukraine.