能源企业“走出去”投资BOT项目的风险及其防范

Risk Prevention in the BOT Projects Conducted by the Energy Enterprises via the “Going Abroad” Process

近年来,在国家鼓励"走出去"的大背景下,我国能源企业纷纷参与到境外BOT项目投资中。此类项目存在较大的政治、法律、外汇等风险,律师的参与可有效地防控这些风险。然而,由于我国企业风险防范意识不强、对律师作用认识不够等原因,律师在此类项目中的参与程度不够。本文希望通过对笔者为多个能源企业境外BOT投资项目中的法律服务经验进行简要总结,为企业、律师投资参与此类项目提供一定的借鉴。

Under the strategy of ＂going abroad＂ promoted by the Chinese government over the past few years, Chinese energy enterprises have been increasingly involved in outbound invest- ment in BOT projects. These projects are exposed to many risks including： political risks, legal risks, and foreign exchanges risks. Although these risks can be effectively mitigated with the participation of lawyers, the level of involvement of lawyers in these projects is still low due to the companies＇ weak awareness of risk-prevention and insufficient understanding of the lawyers＇ functions in these projects. The author summarized legal services provided to several energy companies engaged in overseas BOT investment projects in order to provide references to the en- terprises and lawyers who invest or participate in similar projects.