Mining taxation and Financing: the Essential ‘How to’ Conference

international
bar
association
conferences
up to 12
CPD/CLE
HOURS
AVAILABLE*
Mining Taxation and
Financing: The Essential
‘How to’ Conference
3–4 May 2012
Hyatt Regency Toronto, Canada
A conference presented by the IBA Taxes Committee, supported by the IBA North American Regional Forum
Topics include:
• The rules of the game
• Financing mining projects
• Structuring a mining project
• Operational issues and selling the product
• The exploration phase
• Transfers and changes in control
• The development phase
• Closure and abandonment
Who should attend?
Private practitioners and in-house counsel at mining companies and in-house and private tax practitioners with an interest in
mining and natural resources.
*As per the Solicitors Regulation Authority of England and Wales. The number of CPD points/
hours available may vary for other bar associations and law societies depending on their criteria.
Programme
Conference Co-Chairs
Mónica Reyes Rodríguez Reyes Abogados Asociados, Bogota
Alain Ranger Fasken Martineau DuMoulin, Montreal; ViceChair, IBA Taxes Committee
Continuing Professional Development /Continuing Legal
Education
For delegates from countries where CPD/CLE is mandatory,
the International Bar Association will be pleased to provide
a Conference Certificate of Attendance which, subject to
the exact CPD/CLE requirements, may be used to obtain the
equivalent accreditation in your jurisdiction.
This conference has been accredited for CPD/CLE by the
Solicitors Regulation Authority of England and Wales. Delegates
should ask staff at the registration desk for information as to
how to obtain the hours.
The organisers may at any time, with or without giving notice, in
their absolute discretion and without giving any reason, cancel
or postpone the conference, change its venue or any of the other
published particulars, or withdraw any invitation to attend. In any
case, neither the organisers nor any of their officers, employees,
agents, members or representatives shall be liable for any loss,
liability, damage or expense suffered or incurred by any person,
nor will they return any money paid to them in connection with
the conference unless they are satisfied not only that the money
in question remains under their control but also that the person
who paid it has been unfairly prejudiced (as to which, decision shall
be in their sole and unfettered discretion and, when announced,
final and conclusive).
Thursday 3 May
0800 – 1730 Registration
0830 – 1000
The rules of the game
This panel will address ethical, political and legal issues that affect
the decision to make a mining investment in a country, including:
property rights (licences, leases, concessions, government
agreements), local infrastructures, cultural issues and political risks,
the weight that the level of taxation and tax incentives have on the
decision and the effects of stability agreements.
Session Co-Chairs
Brian R Carr Moskowitz & Meredith, Toronto
Mónica Reyes Rodríguez Reyes Abogados Asociados, Bogota
Speakers
Jean M Gagné Fasken Martineau DuMoulin, Quebec City
Sami Arap Sobrinho Arap Nishi & Uyeda, Sao Paulo
Juan Pizarro Suarez Pizarro-Suarez Rodríguez Matus Abogados,
Mexico City
Yuri Vorobyev Pepeliaev Group, Moscow
1000 – 1030 Coffee/tea break
1030 – 1200
Structuring a mining project
Using the appropriate investment vehicle for a mining project is a
major decision which can be critical for a project’s ultimate success.
This panel will review the optimal vehicles, including corporations,
branches, joint ventures, partnerships, options, off-shore
‘sandwiches’ structures, depending on the nature and context of
the project, its location and the location of the investor.
Session Co-Chairs
Mauricio Piñeros Gómez-Pinzón Zuleta Abogados, Bogota
Ken Snider Cassels Brock & Blackwell, Toronto
Speakers
Richard E Andersen Wilmer Cutler Pickering Hale & Dorr, New York
Pedro Fernández Garrigues, Malaga
Matias Milet Osler Hoskin & Harcourt, Toronto
Mark Van Casteren Loyens & Loeff, Amsterdam
1200 – 1330 Keynote speaker and seated lunch
Friday 4 May
0800 – 1730 Registration
1400 – 1530
The exploration phase
This panel will review issues relating to the exploration phase, such
as capitalisation and deductions of expenses, deferred charges,
asset taxes, surface rentals, valuation of mineral reserves and tax
consequences of discoveries.
Session Co-Chairs
Aseem Chawla Amarchand & Mangaldas & Suresh A Shroff &
Co, New Delhi
Ricardo León Santacruz Sanchez-De Vanny Eseverri, Monterrey,
Mexico
Speakers
Layla J Aksakal Miller & Chevalier, Washington DC
Alex Fischer Carey y Cía, Santiago; Young lawyers Liaison Officer,
IBA Taxes Committee
DingFa “David” Liu Jun He Law Offices, Shanghai
Adrian Rodríguez Lewin & Wills Abogados, Bogota
1530 – 1600 Coffee/tea break
0830 – 1000
Financing mining projects
Financing a project has significant tax implications which have
to be carefully considered. This panel will examine key aspects
of various types of financing available for major projects (such as
debt, equity, metal streaming, securitisation, commodity loans),
including stamp and capital taxes, withholding tax considerations,
thin capitalisation, tax considerations of guarantees and foreign
exchange issues from the lender and the borrower perspectives.
Session Co-Chairs
Bruce Sinclair Blake Cassels & Graydon, Vancouver
Sonia Velasco Cuatrecasas Gonçalves Pereira, Barcelona; Senior
Vice-Chair, IBA Taxes Committee
Speakers
Camilo Cortés Cárdenas & Cárdenas, Bogota
Gilbert D Porter Haynes & Boone, New York
Ignacio J Randle Estudio Randle, Buenos Aires; Latin American
Liaison Officer, IBA Corporate Social Responsibility Committee
Barbara J Worndl Aird & Berlis, Toronto
1600 – 1730
The development phase
This panel will focus on the major issues arising in the
development of mineral projects, such as incentives on imports of
equipment and VAT planning, contractual structures for supplies,
technical services, construction agreements and VAT planning.
Session Co-Chairs
D Scott Farmer Mining Tax Plan, Centennial, Colorado
Glaucia Maria Lauletta Frascino Mattos Filho Veiga Filho
Marrey Jr E Quiroga Advogados, Sao Paulo
Speakers
María Virgina Anzola HudBay Minerals Inc, Toronto
Fernando Camarena Cardona Gardere Arena y Asociados SC,
Mexico City
Saúl Ricardo Feilbogen Vitale Manoff & Feilbogen, Buenos Aires
Niklas Thibblin Waselius & Wist, Helsinki
1930 – 2300 Conference dinner
Archeo, Distillery District
Ticket price US$125 per person.
Transport is not provided.
Please indicate on the registration form if you wish to purchase a
ticket.
1000 – 1030 Coffee/tea break
1030 – 1200
Operational issues and selling the product
This panel will review the taxation of earnings, export incentives,
taxes on gross earnings, ring-fencing restrictions, accelerated
depreciation, depletion, inflationary adjustments, functional
currency, transfer pricing issues, the repatriation of cash, mineral
royalties and other special taxes.
Session Co-Chairs
William Thompson Minter Ellison, Brisbane
Albert Collado Garrigues, Barcelona; Co-Chair, IBA Taxes
Committee
Speakers
Gaston Arcal Malaccorto & Cuchietti, Buenos Aires
Rukshad Davar Majmudar & Co International Lawyers, Mumbai
André de Souza Carvalho Veraino Advogados, Rio de Janeiro
Alfredo Sánchez Torrado Chévez Ruíz Zamarripa, Mexico City
1200 – 1330 Keynote speaker and seated lunch
Friday 4 May – continued
1400 – 1530
1600 – 1730
Transfers and changes in control
Closure and abandonment
This panel will address taxes on transfers of ownership, farm-in
and farm-out agreements, amalgamations, losses from sales, stock
acquisition/carried interests, IPOs, domestic laws and tax treaty
protection.
This panel will examine major post extraction period issues, such as
the tax treatment of environment site management expenses and
remediation costs, the recovery of tax deductions, winding-up and
capital gains, and reimbursement of capital.
Session Co-Chairs
Michael Corlborne Thorsteinssons, Toronto
Steve Suarez Borden Ladner Gervais, Toronto
Session Co-Chairs
Thomas A Bauer Bennett Jones, Toronto
Raquel Novais Machado Meyer Sendacz e Opice Advogados,
Sao Paulo; Vice-Chair, IBA Taxes Committee
Speakers
Rob Havenga Houthoff Buruma, Amsterdam
Laurence E Nemirow Davis Graham & Stubbs, Denver
Juan Gabriel Reyes-Varea Pérez Bustamante & Ponce, Quito
Matías Olivero Vila Bruchou Fernández Madero & Lombardi,
Buenos Aires
Speakers
Alejandro Barrera Fernández Basham Ringe & Correa SC,
Mexico City
Juan Carlos Garantón Blanco Torres Plaz & Araujo, Caracas
James D Reardon Bracewell & Giuliani, Houston
Robert de Viasio Vale Canada, Toronto
1530 – 1600 Coffee/tea break
1730 Conference close
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You choose how to study
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www.ibanet.org/Education_and_
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Information
Date
3–4 May 2012
Language
All working sessions and conference materials will be in English.
Venue
Hyatt Regency Toronto
370 King Street West
Toronto, ON M5V 1J9
Tel: +1 (416) 343 1234
Fax: +1 (416) 599 8889
How to register
Register online by 26 April at www.ibanet.org/conferences/conf430.
aspx and make payment by credit card, to avail of the ten per cent online
registration discount or complete the attached registration form and return
it to Julie Elliott at the IBA together with your payment. You should receive
e-mailed confirmation of your registration within five days; if you do not then
please contact Julie Elliott at [email protected].
Fees
Online registrations received:
If you would like to become a full or general member of the IBA, which
includes membership of one committee or more – and inclusion in and
access to our membership directory – we encourage you to do so now in
order to register for this conference at the member rate. Full details of how
to join can be found at www.ibanet.org.
on or before
30 March
until
26 April
IIBA member
US$700
US$845
Non-member *
US$920
US$1060
Young lawyers (under 30 years)
US$530
US$1060
Academics/judges (full time)
US$530
US$1060
Public lawyers
US$530
US$1060
Corporate counsel
US$630
US$1060
After 26 April 2012 registrations must be received in hard copy at the
IBA office.
Hard copy registration forms and fees received:
on or before
30 March
after
30 March
IBA member
US$780
US$940
Non-member *
US$1020
US$1180
Young lawyers (under 30 years)
US$585
US$1180
Academics/judges (full time)
US$585
US$1180
Public Lawyers
US$585
US$1180
Corporate counsel
US$700
US$1180
* By paying the non-member fee, we welcome you as a delegate member
of the IBA for the year in which this conference is held, which entitles you
to the following benefits:
1) Password access to certain parts of the IBA website.
2) Receipt of IBA E-news and access to online versions of IBA Global Insight.
3) Pay the member rate for any subsequent conference registrations for
this calendar year.
4) Take advantage of IBA Special Offers.
Social programme
Thursday 3 May
Conference dinner
Archeo, Distillery District
Archeo is located in Toronto’s historic distillery district. The building is a
rare example of Victorian industrial architecture and was built in 1887 as
a maintenance house that once serviced the alcohol and purification and
storage facilities inside the former Godderham and Worts distillery. Archeo is
a contemporary-styled restaurant with a unique historic setting.
Ticket price US$125 per person
Social event ticket reservations cannot be guaranteed unless payment has
been received before 30 April, subject to availability.
The IBA offers senior lawyers a discounted registration fee. Please contact
the IBA office for further information.
Full payment must be received in order to process your registration.
Fees include:
• Attendance at all working sessions
• Conference materials, including any available speakers’ papers submitted
to the IBA before 20 April
• Access to the above conference working materials from the IBA website
(www.ibanet.org) approximately seven days prior to the conference
• Lunch on 3 and 4 May
• Tea and coffee during breaks
Please note that registrations are not transferable.
List of participants
In order for your name to appear in the list of participants, which will be
distributed at the conference, your registration form must be received by
26 April at the latest.
Registration confirmation
All documentation regarding your attendance at the conference can now
be obtained from the IBA website. Upon receipt of your payment for the
conference a confirmation e-mail will be sent containing instructions on
how to download the documents. Registration confirmation will not be
distributed by post.
Promotional literature
Please note that no individual or organisation may display or distribute
publicity material or other printed matter during the conference, unless
by prior arrangement with the IBA. Organisations and companies wishing
to discuss promotional opportunities should contact the Sponsorship
department at the IBA ([email protected]).
Payment of registration fees
US dollars: by cheque converted at the current rate of exchange and drawn
on a US bank and in favour of the International Bar Association. Please send
to: 4th Floor, 10 St Bride Street, London EC4A 4AD, United Kingdom.
No Deductions or Withholdings
All fees payable to us by you in accordance with the terms contained in
this ‘Information’ section shall be paid free and clear of all deductions or
withholdings whatsoever.
OR by bank transfer to the IBA account number: 01286498 (Sort Code 5600-03) at the National Westminster Bank, St James’s & Piccadilly Branch, 208
Piccadilly, London W1A 2DG, United Kingdom. SWIFT address NWBKGB2L,
IBAN GB55NWBK60730101286498. Please ensure that a copy of the
bank transfer details is attached to your registration form.
If any deductions or withholdings are required by law to be made from any
fees payable to us by you under the terms contained in this ‘Information’
section you shall pay such sum as will, after the deduction or withholding
has been made, leave us with the same amount as we would have been
entitled to receive in the absence of any such requirement to make a
deduction or withholding.
Pounds sterling: by cheque drawn on a UK bank and in favour of the
International Bar Association. Please send to: 4th Floor, 10 St Bride Street,
London EC4A 4AD, United Kingdom.
OR by bank transfer to the IBA account number: 13270222 (Sort Code 5600-03) at the National Westminster Bank, St James’s & Piccadilly Branch, 208
Piccadilly, London W1A 2DG, United Kingdom or SWIFT address NWBKGB2L,
IBAN GB05NWBK56000313270222. Please ensure that a copy of the
bank transfer details is attached to your registration form.
Use the exchange rate prevailing at the time of registration.
Euro: by cheque or bank draft, drawn on a euro zone bank and converted at
the current rate of exchange and in favour of the International Bar Association.
OR by bank transfer to the IBA bank account number 550/00/06570631 (Sort
Code 56-00-03) at the National Westminster Bank, St James’s & Piccadilly
Branch, 208 Piccadilly, London W1A 2DG, United Kingdom or SWIFT address
NWBKGB2L, IBAN GB58NWBK60721106570631. Please ensure that a copy
of the bank transfer details is attached to your registration form.
Use the exchange rate prevailing at the time of registration.
Credit card payments: by Visa, MasterCard or American Express.
No other cards are accepted.
PLEASE ENSURE THAT YOUR NAME AND ‘CON430TORONTO’ APPEAR
ON ANY TRANSFER OR DRAFT.
If we obtain the benefit of any tax credit or other relief by reference to any
such deductions or withholdings, then we shall repay to you such amount as,
after such repayment has been made, will leave us in no worse position than
we would have been had no such deductions or withholdings been required.
Cancellation of registration
If cancellation is received in writing at the IBA office by Thursday 5 April,
fees will be refunded less a 25 per cent administration charge. We regret that
no refunds can be made after this date.
Provided you have cancelled your registration to attend an IBA conference
in accordance with the terms of the ‘cancellation of registration’ clause
included in the ‘Information’ section of the relevant conference programme,
you must then confirm to us in writing at the IBA office as soon as possible
but in no event later than one year (12 calendar months) from the date of
any such conference all necessary details to enable any reimbursement owed
to you to be paid. We regret that no refunds will be made after the date that
is one year (12 calendar months) after the date of the relevant conference.
Travel arrangements and visas
Participants are responsible for making their own travel arrangements. It
is recommended that you check your visa requirements with your local
embassy or consulate. We are unable to dispatch visa invitation letters
to support your visa application prior to receipt of your registration
form and full payment of registration fees.
Please apply for your visa in good time.
Hotel accommodation
A limited number of rooms have been reserved at the Hyatt Regency Toronto
for the nights of 2–3 May inclusive:
Hyatt Regency Toronto
370 King Street West
Toronto, ON M5V 1J9
Tel: +1 (416) 343 1234
Fax: +1 (416) 599 8889
The following rates are per room, per night and exclusive of breakfast,
service charges and local taxes.
Single/double room: CAD$189
Please use the link below to access the dedicated website for our group
booking and to obtain the above rates.
https://resweb.passkey.com/Resweb.do?mode=welcome_ei_
new&eventID=5985751
OR
Call the hotel directly tel: +1 877 806 0006 and ask for the Reservations
Department. Please ensure that you state you are attending the International
Bar Association conference in order to obtain the rates as above.
The hotel requires a credit card number to secure your reservation.
Cancellation and no-show policy
Any reservation which fails to materialise and has not been cancelled with a
minimum of 72 hours prior to arrival will be charged one night’s room charge
and tax to the credit card to the individual guest’s credit card given at the
time of booking.
Please note that any reservation made after Monday 2 April will be subject
to availability and cannot be guaranteed at the special IBA rate.
As a limited number of rooms have been blocked at the hotel, availability
cannot be guaranteed once the room block is full.
Delegates are responsible for making accommodation reservations directly
with the hotel and entering into an agreement with the hotel regarding
credit card guarantees, cancellation terms and conditions, and room rates
(should these differ from the special IBA rate). The IBA cannot accept
responsibility for hotel accommodation disputes between a delegate and
the hotel.
Disabled access
The Hyatt Regency Toronto is wheelchair accessible. Please notify us if you
require special assistance.
Registration form
Mining Taxation and Financing: The Essential ‘How to’ Conference
3–4 May 2012, Hyatt Regency Toronto, Canada
Please read the ‘Information’ section before completing this form and return it together with your payment to
Julie Elliott at the address overleaf.
Personal details (Please attach your business card or write in block capitals)
Title______________ Given name__________________________________________ Family name�������������������������������������������������
Name and country to be shown on badge (if different from above) �������������������������������������������������������������������������
IBA membership number (if applicable)___________________________________________________________Date of birth ���������������������������
Firm/company/organisation�����������������������������������������������������������������������������������������������������������
Address����������������������������������������������������������������������������������������������������������������������������
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Tel ___________________________________________________________ Fax�����������������������������������������������������������������
E-mail�����������������������������������������������������������������������������������������������������������������������������
Special dietary requirements ����������������������������������������������������������������������������������������������������������
To obtain a ten per cent discount on the fees below,
please register by 26 April online at www.ibanet.org/conferences/conf430.aspx.
IBA members can register online by 30 March for US$700
Please see ‘Information’ for further online registration details.
Registration form and fees received:
on or before 30 March
after 30 March
amount payable
IBA member
US$780
US$940
US$
Non-member*
US$1020
US$1180US$
Young lawyers (under 30 years)
US$585
US$1180
US$
Academics/judges (full-time)
US$585
US$1180
US$
Public lawyers
US$585
US$1180
US$
Corporate counsel
US$700
US$1180
US$
Social function
Thursday 3 May
Conference dinner – Archeo
Number of tickets _____@ US$125 US$
Social function reservations cannot be guaranteed unless payment has been received before 30 April, subject to availability
The IBA offers senior lawyers a discounted registration fee.
Please contact the IBA office for further information.
*Join the IBA today and register for this conference at the IBA member rate.
Please find the membership application form at www.ibanet.org.
TOTAL AMOUNT PAYABLE
US$
Full payment must be received in order to process your registration.
Please note that registrations are not transferable.
Continued overleaf
Payment details
I enclose a cheque/bank draft made payable to the IBA for the total amount payable.
I have transferred to the IBA bank account the total amount payable and have attached a copy of the bank transfer details.
Please charge the total amount due to my (delete as appropriate) Visa/MasterCard/American Express. Other cards are not accepted.
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Signature _________________________________________________________________ Date����������������������������������������������������
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We are seeking high-calibre nominations for 2012. The deadline for applications is 1 May .
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Application process
Ivan Velasquez Gomez Colombia
Presented with the Award for his
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To qualify for nomination the following
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highlighting their practical human
rights work and achievements.
• A full Curriculum Vitae/Resume.
• The full contact details of both the
nominator and the nominee.
The IBA Selection Committee will review
in detail all full applications submitted
to the IBA. Submissions that do not
include all documents listed above will
not be considered.
The deadline for applications is
1 May. The winner will be notified in
July to allow time for the IBA to make
arrangements for the winner to attend,
as a guest of the IBA, the 2012 Annual
Conference in Dublin.
INTERNATIONAL BAR ASSOCIATION
ANNUAL CONFERENCE
DUBLIN 30 SEPTEMBER – 5 OCTOBER 2012
S
teeped in history, yet buzzing with youthful energy,
Dublin’s medieval, Georgian and modern architecture
provide a backdrop to a bustling port where the
cosmopolitan and charming meet in delightful diversity. Serving
as Ireland’s historical and cultural centre, as well as the nexus of
Irish education, administration, economy and industry, Dublin is
perfectly suited to host the IBA’s 2012 Annual Conference.
What will Dublin 2012 offer?
• The largest gathering of the international legal community in
the world – a meeting place of more than 4,000 lawyers and
legal professionals from around the world
• More than 180 working sessions covering all areas of practice
relevant to international legal practitioners
• The opportunity to generate new business with the leading
firms in the world’s key cities
• Registration fee which entitles you to attend as many working
sessions throughout the week as you wish
• Up to 25 hours of continuing legal education and continuing
professional development
• A variety of social functions providing ample opportunity to
network and see the city’s key sights
• Integrated guest programme
Official corporate
supporters
• Excursion and tours programme
To register your interest, please contact: International Bar Association
4th Floor, 10 St Bride Street, London EC4A 4AD, United Kingdom Tel: +44 (0)20 7842 0090 Fax: +44 (0)20 7842 0091
www.ibanet.org/conferences/Dublin2012
International Bar Association
the global voice of the legal profession
The International Bar Association (IBA), established in 1947, is the world’s leading organisation of international legal practitioners, bar
associations and law societies. The IBA influences the development of international law reform and shapes the future of the legal profession
throughout the world. It has a membership of over 40,000 individual lawyers and almost 200 bar associations and law societies spanning all
continents. It has considerable expertise in providing assistance to the global legal community as well as being a source of distinguished legal
commentators for international news outlets.
Grouped into two divisions – the Legal Practice Division and the Public and Professional Interest Division – the IBA covers all practice areas
and professional interests, providing members with access to leading experts and up-to-date information. Through the various committees of
the divisions, the IBA enables an interchange of information and views among its members as to laws, practices and professional responsibilities
relating to the practice of business law around the globe. Additionally, the IBA’s high-quality publications and world-class conferences provide
unrivalled professional development and network-building opportunities for international legal practitioners and professional associates.
The IBA’s Bar Issues Commission provides an invaluable forum for IBA member organisations to discuss all matters relating to law at an
international level.
The IBA’s Human Rights Institute works across the Association to promote, protect and enforce human rights under a just rule of law, and to
preserve the independence of the judiciary and the legal profession worldwide.
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Other institutions established by the IBA include the Southern Africa Litigation Centre and the International Legal Assistance Consortium.
Taxes Committee overview
The IBA’s widely respected and very active Taxes Committee offers its members access to the highest quality technical, practical and professional
tax expertise to assist in understanding and finding solutions to international tax issues and concerns. It also encourages interface between
international tax specialists and promotes the building of networks among tax lawyers worldwide to assist them in better serving the interests of
their clients. The committee is divided informally into four practice group areas: Income Taxes, Other Taxes, Tax Litigation and Employee Benefits.
Members are encouraged to contribute to the committee newsletter which is published two to three times per year and to present papers at
committee conferences and seminars. The committee also offers tax executives a forum, in its Tax Executives group, to exchange expertise and
skills with their colleagues in industry on topics of special interest.
Additionally, the Taxes Committee works with the following Individual Tax and Private Client committee to form the Taxation Section
North American Regional Forum overview
The North American Forum covers Canada, Mexico, Puerto Rico, the United States, and English-speaking areas of the Caribbean. Launched at
the Chicago Annual Conference in 2006, the NAF is the focus for all activities in the region, and organises sessions and a luncheon event at each
IBA Annual Conference for education and networking. Future plans include organising conferences in partnership with other IBA Committees
and Fora, as well as other bar associations and legal organisations in the region. The NAF is closely affiliated with the Latin American Forum as
the regions are geographically proximate and share many issues.
The aim of the North American Forum is two-fold:
• To spread knowledge about legal practice within North America; and
• To expand the international perspective of lawyers practicing in North America.
As an opportunity to participate in a network between lawyers practicing in the region and lawyers outside the region with an interest therein,
the North American Forum provides an unrivalled locus of contact.
Contact information
International Bar Association
4th Floor, 10 St Bride Street, London EC4A 4AD, United Kingdom
Tel: +44 (0)20 7842 0090 Fax: +44 (0)20 7842 0091
E-mail: [email protected] www.ibanet.org