Kimberly Motley

Has been a practicing attorney and litigator since 2003 and has worked in Afghanistan since 2008. She is founder to Motley Legal Services and cofounder to Motley Consulting International. At the present, she is the first foreigner who has ever litigated cases in Afghanistan’s Criminal Courts and has a strong litigious practice focusing on criminal, commercial, contract, civil, and employment law matters.

In addition to her legal practice in Afghanistan and the U.S. she has also done extensive research work particularly in the area of juvenile justice that has been reported internationally.

Attorney Motley received her J.D. from Marquette Law School in 2003. She also received a Master’s of Science Degree in the area of Criminal Justice in 2003 and a B.S. in the area of criminal justice with a minor in political science in 2000 from the University of Milwaukee Wisconsin. In addition to this, Attorney Motley also has an earned an A.A.S. in Paralegal from Milwaukee Area Technical College.

Immediately prior to opening up Motley Legal, Attorney Motley worked with as a Justice Advisor with US Department of State funded project in Afghanistan. In this capacity she was given the remit to raise the capacity of Afghan Defense Attorneys and has trained of hundreds of Afghan Attorneys throughout the country.

Prior to working in Afghanistan, Atty. Motley was an attorney with the State of Wisconsin’s Public Defender’s Office since 2003. In this capacity she litigated hundreds of criminal, civil, and juvenile cases of varying misdemeanor and felony matters.

In 2004 Attorney Motley was crowned as Mrs. Wisconsin and competed in the infamous Mrs. America pageant. As part of her platform, she worked in promoting truancy abatement issues for juveniles in the justice system.

She has successfully handled many criminal and civil cases in Afghanistan. Of note she successfully litigated a case involving a British citizen in Afghanistan in the newly formed Anti corruption Courts. She has had many legal successes in Afghanistan which include achieving an early release through the Presidential Office for a client, successfully securing the exit of several foreigners who were victim to counterfeit visas, to name a few. She has spoken world wide on her experience and has been guest speaker to the US Embassy, Marquette Law, Emory Law, Charlotte School of Law, ISAF, UNICEF, European Union, etc.

Both the legal and research work that Attorney Motley has done while in Afghanistan has travelled all over the world and her work has been reported heavily in the Washington Post, Wall Street Journal, CNN, BBC, Reuters, the Today Show, Weekend Update, ABC Australia and the London Times to name a few. She has internationally published several articles on juvenile justice, and legal issues in Afghanistan.

She is currently writing a book about her experiences in Afghanistan which is to be released in 2012.

Tom Rosenstock

Mr. Rosenstock has been advising clients in Afghanistan since 2008. Mr. Rosenstock advises clients on transactional matters, early stage dispute resolution, and in conjunction with locally qualified attorneys, on matters of Afghan law including registration, taxation, employment law and other interaction with Afghan government departments. Mr. Rosenstock was an entrepreneur and a business consultant before studying law at New York University in the United States. He has been admitted to practice law in the State of New York and began his career in the New York office of Paul, Weiss, Rifkind, Wharton & Garrison. In addition to his work with RLS, Mr. Rosenstock is a founder and current member of the Board of the American Chamber of Commerce in Afghanistan.

Tax Law Practice:

Rosenstock Legal Services has been working within the tax system since 2008, and has an intimate understanding of the evolving approaches used by the Afghan Government with respect to the enforcement of the Income Tax Law.

The tax environment in Afghanistan has been rapidly evolving over the past several years from one which had minimal impact on the operations of international companies to where we are today, with complex issues surrounding tax exemptions, withholding obligations, and contradictory interpretations of International Tax Agreements.

Because of the nature of the tax environment in Afghanistan, and the uncertainty that has prevailed in the marketplace, most of our clients come to us wanting to discuss both the past and the future. With respect to the past, we can’t change the law, but we can give comfort to our clients about what the real liabilities may be and how to address them. When it comes to the future, we make certain that our clients know exactly what to expect from the current enforcement regime.

RLS’ tax engagements with our clients run the full spectrum from initial advice on the Afghan corporate tax regime, to full-scale implementation where RLS handles our clients ongoing and annual tax filings. RLS also trains administrative personnel to perform ongoing tax filings

Rosenstock Legal Services:

Afghanistan is a challenging place for international companies to do business. The local legal and regulatory system is less transparent than in many other jurisdictions, and local professionals are not always able to provide international companies with the level of comfort they require. RLS has extensive experience helping clients understand and navigate the local corporate registration and tax environment, and advising in connection with local employment law and other interaction with governing bodies.

RLS has advised both buyers and sellers in mergers, acquisitions and other corporate re-organizations. RLS also assists small to medium size international companies doing business in Afghanistan by acting as their outside general counsel, advising in transactional and other matters. RLS combines its international legal skills and local experience, working closely with locally qualified counsel to provide international companies with international caliber legal services applicable to this challenging environment.

RLS’ work for Afghan companies involves assisting them with complex contracts and contract disputes. The Afghan legal community does not have extensive experience in complex contracts, and RLS believes that it’s important to enable Afghan businesses to do business with international private and public organizations on an equal footing.

Zmarak Zhouand

Our firm was formed in January 2011 and provides legal and regulatory advice and strategic government advisory services for the Afghan market at a standard that one would expect from a firm in more established jurisdictions. The firm’s exclusive focus is on providing advice and services on Afghan related matters and projects.

We were the first Afghan law firm in the post-Taliban era to be engaged by the Government of Afghanistan to draft legislation and provide advice and services on significant transactions. In 2012: (a) the firm won the Corporate INTL awards in the following categories: (i) Best Corporate Law Firm; (ii) Best Tax Law Firm; and (iii) Best Regulatory Law Firm; (b) the Firm was Recommended in Corporate Law by Global Legal Experts; (c) Mr. Satchu and Mr. Zhouand were both recognized as Leading Lawyers of Asia by Global Business Magazine; (d) Mr. Zhouand (i) won the Corporate Livewire awards for Lawyer of the Year 2012 – Banking and Finance and for Lawyer of the Year 2012 – Mining and Infrastructure; and (ii) was recommended by Global Legal Experts in Corporate Law. In 2013: (a) the firm was ranked Tier 1 in General Business Law by Chambers Asia-Pacific 2013 and featured in IFLR1000 2013; and (b) Mr. Satchu and Mr. Zhouand were individually recognized in the category of Leaders in their Field in Chambers Asia-Pacific 2013.

Mr. Samir Satchu – Partner – Prior to forming SZ, Mr. Satchu was General Counsel & Head of Government Affairs at Roshan where he worked between September 2003 and December 2010. Mr. Satchu headed Roshan’s legal and government affairs team from December 2006 to December 2010 reporting directly to the Company’s Chief Executive Officer. Mr. Satchu is a graduate of Cambridge University (Trinity College – BA Hons 1994) and Harvard Law School (Juris Doctor 1998) and was admitted to the New York Bar in 1999.

Mr. Zmarak Zhouand – Partner –Mr. Zhouand was born in Kabul and emigrated to Australia in 1982. He was admitted as a barrister and solicitor in New South Wales, Australia, in 2001. Between 2001 and 2008, Mr. Zhouand worked with Henry Davis York and Gadens Lawyers, both leading Australian corporate law firms, where he represented “blue-chip” national and international clients across the corporate, commercial, banking and finance and litigation practice areas. Mr. Zhouand returned to Afghanistan in 2008 to work as Senior Legal Counsel with Roshan, where, until early 2011, he led Roshan’s legal and government affairs team with Mr. Satchu and was also in charge of the legal and regulatory function for Roshan’s wholly owned subsidiary, M-Paisa. Mr. Zhouand has a B.A (SCU) (1998) and a LL.B. (UNE) (2000).

The firm’s practice is supported by a number of commercially experienced international and locally admitted lawyers and tax professionals.

Sectors:

The firm has been engaged by a number of major national and international clients in the USG contracting, telecommunications, mining, information technology, banking and financial services, media, security, logistics, commercial aviation and non-governmental sectors.

Clients:

Our clients include some of the world’s largest corporate organizations, Government of Afghanistan, World Bank, International Finance Corporation, Overseas Private Investment Corporation, Asian Development Bank, DEG – Deutsche Investitions- und Entwicklungsgesellschaft mbH, Agence Française de Développement, Asia Foundation, Etisalat and International Republican Institute.