SECTOR № 03

The upstream inputs of Western industrial sovereignty.

We advise across the critical-materials transactions that underpin Western industrial capacity — licensing, offtake, and the cross-border structures that make upstream projects financeable.

SIGNATURE QUESTIONS

  • How do we qualify our Ukrainian mining project under the EU Critical Raw Materials Act?
  • What offtake structure makes a rare-earth processing JV bankable with DFI co-financing?
  • How do we navigate export-control classification for compound semiconductor substrates?

OVERVIEW

The upstream supply chain is the strategic frontier. Its legal architecture is being built in real time.

For thirty years, the Western industrial economy treated upstream materials as a solved problem. That era has ended. Rare earths, specialty chemicals, compound semiconductors, energetic materials, high-purity graphite — each has become a strategic dependency, and each is now the subject of active regulatory and industrial policy across the EU, the U.S., and allied jurisdictions.

The EU Critical Raw Materials Act designates 34 materials as strategic and sets targets for extraction, processing, and recycling capacity within the Union. The U.S. has deployed equivalent frameworks through the Defense Production Act, Inflation Reduction Act, and DoD minerals initiatives. Ukraine — home to commercially viable reserves of six CRMA-designated materials — is being integrated into these frameworks as they are written. None of this architecture existed three years ago.

Our practice sits at the intersection of mining licensing, offtake structuring, processing joint ventures, and the export-control and CRMA-compliance questions that surround them. We act for upstream developers, mid-stream processors, downstream industrial consumers, and the investors financing each layer. The partners leading this work combine sector experience with CEE and post-conflict jurisdictional depth that conventional Western mining counsel does not offer.

CAPABILITIES

How we work across this sector.

01

Mining Licensing (Ukraine & EU)

Permit acquisition, title advisory, and regulatory clearance for exploration and production. Ukrainian, Polish, and EU mining frameworks integrated in a single workstream.

02

Offtake Agreement Structuring

Long-term offtake, tolling, and streaming agreements. Pricing mechanisms, volume commitments, quality specifications, and the financial covenants that make upstream projects bankable.

03

Processing JV Establishment

Mid-stream processing joint ventures between upstream producers and industrial consumers. Technology licensing, capacity allocation, governance, and state-aid analysis where applicable.

04

Export Control Classification for Materials

EAR and EU dual-use classification for specialty chemicals, compound semiconductors, and energetic materials. License qualification, deemed-export analysis, end-use documentation.

05

EU CRMA Compliance

Strategic and critical project status applications under the Critical Raw Materials Act. Permitting acceleration, cross-border project recognition, and Union-list qualification.

06

Critical Minerals Investment Structures

Fund vehicles, SPV structures, and co-investment frameworks for deploying capital into upstream critical-materials projects across multiple jurisdictions.

REPRESENTATIVE MATTERS

A selection of recent work.

2026
UKRAINE

Strategic project status application for a titanium mining development

Advised on CRMA Strategic Project qualification for a titanium deposit with integrated processing. Union-list submission, permitting coordination, and Ukrainian authority alignment.

2026
POLAND/GERMANY

Rare-earth processing joint venture with DFI co-financing

Structured a processing JV between a European refiner and a CEE upstream producer. Long-term offtake, DFI financing package, and CRMA recognition secured in parallel.

2025
SOUTH AFRICA/EU

Multi-jurisdictional offtake for platinum-group metals

Advised a European industrial consumer on a long-term PGM offtake structure with South African upstream. Pricing mechanism, sovereign-risk allocation, and EU import compliance.

2025
UKRAINE/USA

Lithium exploration licensing and investor entry structure

Advised a U.S. upstream investor on entry into a Ukrainian lithium exploration program. Title structuring, concession review, and investment-protection architecture.