Hydrogen Legal Services in Bangladesh

by Barrister Tahmidur Rahman | Sep 13, 2026

Corporate & FinanceHydrogen, ammonia and energy transition8 min read

Hydrogen Legal Services in Bangladesh

Legal advice for developers, industrial users, technology providers, investors and lenders on hydrogen and ammonia projects in Bangladesh, from pilots and fertiliser and power sector uses to licensing, safety, land, supply and offtake contracts, project finance, carbon markets and export-linked compliance.

Hydrogen Legal Services in Bangladesh: Hydrogen with TRW & Co
Matter planCorporate & Finance
  1. Concept and regulatory map
  2. Structure and partners
  3. Contracts and finance
  4. Construction and operation
Overview

Hydrogen in Bangladesh: an early-stage market with real legal questions

Hydrogen is not new to Bangladesh. The country's urea fertiliser plants have long produced hydrogen from natural gas as an input to ammonia, and refineries and chemical plants use it in their processes. What is new is interest in lower-carbon production, for co-firing in power plants, for industrial heat and for decarbonising exports. Government energy planning has identified these fuels among future options, and developers, technology suppliers and investors are exploring pilots and feasibility studies. We advise on the legal framework for these projects, as part of our corporate and energy practice.

Bangladesh does not yet have a dedicated hydrogen statute or a licensing regime written for its production, storage or transport. Projects instead fit into existing laws: energy and power regulation under the Bangladesh Energy Regulatory Commission Act 2003 where the product or its use falls within regulated activities, safety rules for compressed and liquefied gases and hazardous substances administered by the Department of Explosives, environmental clearance under the Environment Conservation Act 1995 and the rules made under it, and general land, company and investment law. Identifying which regulators have jurisdiction is often the first legal task for a project.

Commercial structure matters as much as regulation. A hydrogen project depends on reliable feedstock, whether natural gas, renewable electricity or water, a creditworthy offtaker and a price that reflects costs that are still falling. Supply, offtake, tolling, site and technology agreements must allocate the risks of new equipment, uncertain demand and changing rules. Where state entities such as Petrobangla, power utilities or the fertiliser corporation are involved, procurement rules, approvals and payment security become central. We draft and negotiate these contracts with close attention to how they would be financed and enforced in Bangladesh.

Finance and incentives are evolving. Early hydrogen and ammonia projects are likely to rely on development finance, concessional funding, technology partners and carbon market revenues, alongside sponsor equity. Foreign investment and foreign loans need registration and approval through Invest Bangladesh, which merged BIDA, BEZA and the PPP Authority in August 2026, and Bangladesh Bank, and interest paid to non-resident lenders now attracts withholding at 10% under the Finance Act 2026. Projects in industrial areas may benefit from location incentives. Exporters supplying markets with carbon border measures also need reliable emissions data, which cleaner inputs may help them provide.

Barrister Tahmidur Rahman leads our transactions and finance work and Barrister Remura Meheruba Mahbub advises on corporate, banking and foreign investment matters; she is also a solicitor of England and Wales (non-practising). We work with counsel in the UK, US, UAE, China, India and Singapore, and with engineering and technical advisers, on cross-border energy and infrastructure projects. Where projects lead to disputes, our dispute resolution team acts in arbitration and the courts. Developers and investors exploring hydrogen in Bangladesh, including pilots, can arrange an initial discussion through our Dhaka contact page.

01 · What we handle

Core workstreams

  • Regulatory mapping and approvals
  • Project structuring and joint ventures
  • Supply, offtake and technology contracts
  • Project finance and funding
02 · How it runs

Four clear stages

  1. 01Concept and regulatory map
  2. 02Structure and partners
  3. 03Contracts and finance
  4. 04Construction and operation
03 · Start here

Talk to a partner

Consultations in Dhaka or by video. Scope, team and fees are agreed in writing first.

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How we help

Our hydrogen and ammonia project work

Workstream 01Corporate & Finance

Regulatory mapping and approvals

  • Concept and regulatory map
  • Structure and partners
  • Contracts and finance
  • Construction and operation
Workstream 02Corporate & Finance

Project structuring and joint ventures

  • Concept and regulatory map
  • Structure and partners
  • Contracts and finance
  • Construction and operation
Workstream 03Corporate & Finance

Supply, offtake and technology contracts

  • Concept and regulatory map
  • Structure and partners
  • Contracts and finance
  • Construction and operation
Workstream 04Corporate & Finance

Project finance and funding

  • Concept and regulatory map
  • Structure and partners
  • Contracts and finance
  • Construction and operation
Workstream 05Corporate & Finance

Carbon markets and export compliance

  • Concept and regulatory map
  • Structure and partners
  • Contracts and finance
  • Construction and operation
Workstream 06Corporate & Finance

Safety, land and disputes

  • Concept and regulatory map
  • Structure and partners
  • Contracts and finance
  • Construction and operation
01

Regulatory mapping and approvals

We identify the regulators, licences and approvals that apply to a proposed hydrogen or ammonia project, including energy regulation, safety licensing for gases and hazardous substances, environmental clearance, land use, building and fire safety approvals, and foreign investment registration. Where the law is silent or unclear, we prepare a reasoned analysis and help clients engage with ministries and regulators to confirm the position in writing before major spending. We also track policy announcements that may change the position during development.

02

Project structuring and joint ventures

We help sponsors decide how to structure a project company, joint venture or consortium, including participation by state entities, technology partners and offtakers. We draft shareholder, development and consortium agreements covering funding, reserved matters, technology contributions, intellectual property, deadlock and exit, and consider how the structure will look to lenders, development finance institutions and future investors. Early clarity on control, funding obligations and exit rights avoids disputes later in the project.

03

Supply, offtake and technology contracts

We draft and negotiate feedstock supply agreements for gas, power and water, hydrogen and ammonia offtake and tolling agreements, electrolyser and equipment supply contracts, EPC and operation and maintenance contracts, and technology licences. We focus on price formation, volume and quality, performance guarantees, change in law, force majeure, termination and payment security, which are especially important in a market that is still forming. We also advise on pricing indices and review mechanisms.

04

Project finance and funding

We advise sponsors and lenders on project finance, development finance, concessional and blended funding, equipment finance and grants for these projects. Our work covers Bangladesh security over land, plant, accounts, contracts and shares, foreign loan approvals and Bangladesh Bank reporting, environmental and social requirements of international lenders, and Bangladesh capacity and enforceability opinions for financing documents. Lender requirements are built into the project documents from the outset, which shortens negotiations.

05

Carbon markets and export compliance

We advise on generating and selling carbon credits from low-carbon hydrogen and ammonia projects, including registration under international standards and the emerging Article 6 framework, and on contract terms for credit sales. We also help Bangladeshi exporters and their buyers understand how lower-carbon inputs can support emissions reporting under carbon border measures and customer supply chain requirements. Reliable documentation of production methods and emissions is central to both.

06

Safety, land and disputes

Hydrogen and ammonia are hazardous, and safety, land and community issues can decide whether a project proceeds. We advise on site selection, land acquisition and leasing, safety licensing and emergency planning obligations, insurance and liability allocation. Where disputes arise with contractors, partners, offtakers or authorities, we act in arbitration and the Bangladesh courts, and on the enforcement of foreign awards. Insurance and community engagement plans are reviewed alongside the contracts.

RecognitionThe Legal 500Asia Pacific ranks Tahmidur Remura Wahid (TRW) Law Firm for dispute resolution in Bangladesh.
Cross-border reach6 jurisdictionsMatters coordinated with counsel in the UK, US, UAE, China, India and Singapore.
Bar and admissionsDhaka and LondonBarristers and advocates in Bangladesh, with a solicitor of England and Wales (non-practising).
HeadquartersDhakaHouse 410, Road 29, Mohakhali DOHS. Consultations in person or by video.
Who leads this work

Partner-led, on every matter.

Corporate & Finance matters at TRW are led by partners, supported by associates, with one responsible lawyer from first advice to final outcome.

Meet the firm →
01

Is there a specific hydrogen law or licence in Bangladesh?

Not yet. Bangladesh has no hydrogen-specific statute and no dedicated licensing regime for hydrogen production, storage, transport or sale. Projects are assessed under existing laws, including energy regulation where the activity falls within regulated energy or power activities, safety rules for compressed gases and hazardous substances, environmental law, and land, construction and company law. Government energy planning has identified both fuels as future options, so specific rules may follow. Until then, we map the existing framework for each project and recommend engaging with the relevant ministries and regulators early to confirm how the project will be treated.

02

Which authorities are likely to regulate a hydrogen project?

Depending on the project, relevant bodies may include the Power Division and Energy and Mineral Resources Division, the Bangladesh Energy Regulatory Commission, the Department of Explosives for compressed gases and hazardous substances, the Department of Environment for environmental clearance, local development authorities for land use and building approvals, and the fire service. State entities such as Petrobangla, power utilities and the fertiliser corporation may be partners, suppliers or offtakers. Invest Bangladesh handles foreign investment registration, and Bangladesh Bank regulates foreign loans and remittances. We prepare an approvals map at the concept stage of each hydrogen project.

03

Can a foreign developer own a hydrogen or ammonia project in Bangladesh?

Generally, foreign investors can own energy and industrial projects through a Bangladeshi company, either wholly or in a joint venture, subject to any sector-specific restrictions and the terms of agreements with state entities. Capital must come in through an authorised dealer bank, the project may register with Invest Bangladesh, and foreign loans need approval and reporting. Projects supplying state entities may involve procurement processes or negotiated arrangements that set their own ownership expectations. We confirm the position for the specific project, because ownership affects licensing, finance and the developer's exit options. Treaty protection may also depend on the holding structure.

04

How can a hydrogen offtake agreement be made bankable?

Lenders look for a creditworthy offtaker, a clear price formula, firm volume commitments or take-or-pay protection, and well-defined quality specifications. They also expect allocation of change in law, force majeure and termination risks, payment security such as letters of credit or guarantees, and compensation on early termination. Where the offtaker is a state entity, a government guarantee or other support may be sought. Because these markets are immature, flexibility to adjust prices and volumes as costs fall can be valuable. We draft offtake terms that balance these needs and meet lender expectations. Benchmarking against comparable regional contracts can also help.

05

Can ammonia be co-fired in Bangladeshi power plants?

Ammonia co-firing has been discussed in Bangladesh's energy planning and by technology partners as a way to reduce emissions from thermal power plants. Doing it in practice requires technical modifications, safety approvals for storing and handling ammonia, environmental clearance, changes to fuel supply arrangements and, for independent power producers, amendments to power purchase and implementation agreements with the state purchaser. Tariff treatment of additional costs is a central question. The cost of modifications must be agreed before work begins. We advise on the contractual and regulatory changes needed and how such fuels fit within existing power sector contracts.

06

What safety rules apply to hydrogen storage and transport?

Hydrogen and ammonia are hazardous substances, and their storage and transport are subject to licensing and safety rules administered mainly by the Department of Explosives, including rules on compressed gas cylinders and storage facilities, together with fire safety, factory and environmental requirements. Pipelines and road transport raise further approvals and liability questions. International standards and codes are often used where local rules are not detailed, and contracts should say which ones apply. We advise on licences, safety obligations, emergency planning and insurance, and on how contracts allocate responsibility for safety incidents across the supply chain.

07

Can a hydrogen project earn carbon credits?

Potentially, yes. A project that replaces higher-emission production or fuels may generate emission reductions that can be certified under recognised international standards or, in future, transferred under the Article 6 framework of the Paris Agreement, subject to government authorisation and corresponding adjustments. Methodologies, additionality and monitoring requirements must be met, and contract terms for credit sales need care. Carbon revenue can improve project economics but is rarely enough on its own. Buyers of credits increasingly scrutinise integrity and host-country authorisation, so documentation matters. We advise on registration, authorisations and credit sale agreements for low-carbon projects.

08

How are disputes on energy transition projects resolved?

Project contracts with international parties commonly provide for arbitration, often in Singapore, London or Dubai, while contracts with state entities may require arbitration in Bangladesh under the Arbitration Act 2001. Foreign awards are enforced in Bangladesh under that Act. Disputes that reach the Bangladesh courts may fall under the Commercial Courts Act 2026, and some may need pre-case mediation under the Legal Aid Services (Amendment) Act 2026 as it rolls out. For investors, a bilateral investment treaty may also offer protection. We advise on dispute clauses at the drafting stage of project contracts and act if disputes arise.

How a matter runs

From first call to resolution.

  1. 01

    Concept and regulatory map

    We review the technology, site, feedstock, offtake and funding plan, and prepare a regulatory and approvals map that identifies the authorities, licences and legal uncertainties for the hydrogen project. The map sets out timing, responsibilities and the points to raise with regulators first.

  2. 02

    Structure and partners

    We advise on the project company and joint venture structure, draft development and shareholder agreements, and support negotiations with state entities, technology providers and potential offtakers. We keep term sheets aligned with lender expectations and with the approvals map.

  3. 03

    Contracts and finance

    We draft and negotiate supply, offtake, EPC, technology and site agreements, coordinate financing documents and security, and obtain the foreign investment and foreign loan approvals needed for closing. Conditions precedent are tracked in a single closing checklist shared with all parties.

  4. 04

    Construction and operation

    We support licensing during construction and commissioning, advise on safety and environmental compliance, carbon credit registration and contract management, and act on claims and disputes during operation. We also advise on expansion, refinancing and changes in ownership as the project matures.

“Demonstrates an extraordinary command over both domestic litigation and international arbitration.”

The Legal 500 Asia Pacific, Bangladesh: Dispute resolution, client feedback

FAQ

Questions, answered.

Still unsure? Email info@trw.co with a short outline of the matter.

Is green hydrogen viable in Bangladesh today?
Large-scale green hydrogen faces several practical challenges in Bangladesh, including limited land for renewable generation, the cost of electrolysers and the current price of natural gas-based alternatives. Pilots, industrial applications and ammonia co-firing are more likely early steps. Legal advice at this stage focuses on structuring pilots, securing approvals and drafting flexible contracts that can scale as costs fall and policy develops. Grant funding and technical assistance from development partners can support early projects, and their conditions, reporting duties and procurement rules need careful review.
What is the difference between green, blue and grey hydrogen?
The grey variety is produced from natural gas without capturing emissions, as in many existing fertiliser plants. The blue variety uses fossil fuels with carbon capture and storage. The green variety is produced by electrolysis using renewable electricity. These labels matter commercially because buyers and carbon border measures increasingly look at emissions intensity, and contracts may need certification of how the product was made. We help parties draft certification and audit clauses that can be verified by independent third parties.
Do hydrogen projects need environmental clearance?
Yes. Industrial projects in Bangladesh generally require environmental clearance from the Department of Environment, and such facilities are likely to fall into higher-risk categories requiring environmental assessment. Safety, water use, emissions and community impacts are relevant. Clearance should be obtained before construction, and lenders will usually require compliance with international environmental and social standards as well. Public consultation and community engagement may form part of the assessment, and conditions attached to clearance must be complied with throughout operation.
Can a hydrogen project be located in an industrial area or export zone?
Yes, and location can bring practical advantages such as available land, shared utilities, security and incentives. Industrial areas formerly under BEZA are now administered by Invest Bangladesh, while export processing zones remain under BEPZA. Each has its own allotment, lease and approval processes, and safety and environmental rules still apply. We review the relevant terms before a site is committed. Lease terms, transfer restrictions and permitted uses can significantly affect financing, insurance and future expansion of the site.
Are there tax incentives for hydrogen projects?
There is no dedicated incentive regime at present. Projects may benefit from incentives available to industrial areas, renewable energy or particular sectors, and from customs concessions on certain equipment, depending on current Finance Acts and government orders, which can change annually. We review the current position for each project and build conditions and time limits into the financial model. Customs and VAT treatment of imported equipment should be confirmed in writing before equipment orders are placed with suppliers.
How does carbon border policy affect Bangladeshi exporters?
Carbon border measures in some export markets require importers to report and eventually pay for embedded emissions in certain goods, and buyers increasingly ask suppliers for emissions data. Bangladeshi exporters of affected products may benefit from lower-carbon inputs, including low-carbon fuels, if they can document them. We advise on supply chain contracts and certification arrangements for this purpose. Clear data-sharing and verification terms help both exporters and their overseas buyers meet their reporting duties on time.
Who bears the risk of new technology in a hydrogen project?
Technology risk is usually allocated through performance guarantees, warranties and liquidated damages in equipment and EPC contracts, supported by insurance and, sometimes, sponsor support to lenders. Because electrolysers and related systems are still developing, careful drafting of performance tests, defect remedies and replacement obligations is important. We negotiate these terms carefully to match the technology's maturity and the lender's requirements. Spare parts, long-term service agreements and access to the original manufacturer also matter over the life of the plant.
Why take legal advice early on a hydrogen project?
Because the legal framework is still forming, early decisions on structure, site, regulators and contracts have lasting effects. Advice at the concept stage helps sponsors avoid sites or structures that cannot be licensed, frame questions for regulators, and draft heads of terms that lenders will accept. It also helps align technical, commercial and legal workstreams from the start. Early advice is usually far less costly than restructuring a project after commitments have been made.

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