1. Growth Opportunities for International Companies in 2010 Eliot Norman International Practice Group [email_address] Williams Mullen, Washington, DC 202.833.9200 or Direct 804.783.6482 Stimulus Act Funding of Private and Public Sector Projects Strategic Use of M&A and Joint Ventures Government Contracts

2. February 2009

6. Result?

8. Our Agenda 1. Whe re is the Money being spent? Where are the new opportunities? 2. How Much has Been Spent So far? 3. Can Foreign Companies participate in Stimulus Act Projects? 4. Steps for Success: legal considerations and practical strategies

10. Topics #1 and #2: U.S. Stimulus Act Follow the Money: Where is it being spent? What are the new opportunities? How Much has Been Spent So far? How Much remains to be allocated?

14. 3 rd Generation Photovoltaic Cells

22. Update on the American Recovery and Reinvestment Act 2009 Business Opportunities by Industry Sector (A-Z) Thomas O. Mason August 20, 2009

27. Telecommunications/Broadband

31. Clean Energy: Cameron Prell Sean King

34. The old energy project

35. The new energy project

48. Topic # 3 “ Level Playing Field for Foreign Companies”?

49. The Level Playing Field

52. Application of “Buy American” provisions would contradict U.S. obligations under international agreements; The United States and the company’s foreign country are signatories to the WTO-GPA. The WTO-GPA prohibits Application of the BUY AMERICAN ACT to Stimulus Act procurements by Federal Agencies and 37 State or other government authorities “ Buy American” provisions affecting Stimulus Act public construction projects do not prevent foreign company from being contractor or supplier when:

54. Result: A Foreign WTO-GPA company is eligible to bid , because Annex 1 to GPA lists U.S. Department of Transportation (but not Federal Aviation Administration) among covered central government entities. Example 1: U.S. Department of Transportation (but not Federal Aviation Administration) solicits bids for Stimulus Act project.

55. Result: A foreign WTO-GPA company is eligible to bid , because Annex 2 to GPA lists Pennsylvania Department of Transportation (but not South Carolina Department of Transportation) among covered sub-central government entities. Example 2: Pennsylvania Department of Transportation (but not South Carolina Department of Transportation) solicits bids for project.

56. WTO GPA (STATES (OMC-AMP ETATS)

57. Result: A foreign WTO-GPA company is eligible to bid , because Annex 3 to GPA lists Port of Baltimore (but not City of Charleston) among other covered entities. Example 3: Port of Baltimore (but not City of Charleston) solicits bids for project.

59. Between 7 April 2008 and 17 September 2009, 18 Federal Register notices from U.S. government entities including Environmental Protection Agency, Department of Commerce and Department of Agriculture have granted: -- 13 “unavailability” waivers; and -- 5 “public interest” waivers. Remember: “ International agreements” do not provide only exception to “Buy American” requirements.

62. German Turbo-Generators for Waste-to-Energy Power Plants

64. A Break?

83. After your Government Contract begins, what U.S. government laws and regulations will apply to your foreign business? Topic 5: Stimulus Act: Government Contracts (cont’d)

88. Steps for successful participation and the Panel’s “Top 10” Take-Away Points Topic #6 Stimulus Act and other Opportunities for Business Expansion