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Jones Day

222 EAST 41ST STREET, NEW YORK, NY 10017-6702, USA
Tel:
Work +1 212 326 3939
Email:
Web:
www.jonesday.com/newyork

Robert da Silva Ashley

Tel:
Work +1 212 326 7886
Email:
Jones Day

Work Department

Banking & Finance; Projects and Infrastructure

Position

Robert da Silva Ashley advises financial institutions, sponsors, developers, and borrowers in a range of sophisticated cross-border and domestic lending transactions, including project financings and developments, reserve-based and other asset-based financings, corporate recapitalizations, leveraged acquisitions, export credit agency financings, credit enhancements, distress debt acquisitions, and debtor-in-possession financings, in the United States, Latin America, Europe, and Asia. Robert has particular experience representing clients in the energy and infrastructure sectors with the structuring, negotiating, and documenting of complex domestic and cross-border project financings on a non- and limited-recourse basis and is regularly involved in a wide range of client matters in Latin America. Recent significant transactions include distributed solar generation projects, wind farms, power plants and polygeneration facilities, a uranium enrichment plant, oil and gas exploration and resource plays, toll roads, and export credit agency financings.

Career

Binational (U.S.-Mexico) Community Representative, and Acting Communications Director, to U.S. House of Representatives Member (CA-51) (2002-2003)

Languages

Portuguese, Spanish

Education

University of California, Berkeley, Boalt Hall School of Law (J.D. 2006; Member, California Law Review; Co-Editor-in-Chief, Berkeley Journal of International Law); University of California, San Diego (B.A. in Spanish Literature summa cum laude 2001; Phi Beta Kappa)


Latin America: International firms

Banking and finance

Within: Banking and finance

Jones Day has a significant finance practice with notably strong teams in New York, Miami and Mexico City. The firm has impressed in syndicated and bilateral loans, lending to Latin American banks and project finance. It has strong connections to commercial lenders, MLAs and DFIs, Spanish sponsors and Latin American borrowers. It has a significant focus on transportation infrastructure and renewable energy financings. It is also fast developing its experience in special situations financings. Clients include Grupo Aeropuerto de la Cuidad de Mexico, JP Morgan, Bank of America, IDB, Citibank and Abengoa. The practice advised Terminal Portuario Paracas (as concessionaire), and Servinoga Pattac Empreendimentos e ParticipaçÔes and Tucumann Engenharia e Empreendimentos (as sponsors), on a $183m long term financing to fund construction costs relating to the expansion of the Pisco port in Peru. It also advised IDB Invest on a $50m dual tranche loan to Banco Regional de Paraguay, which the bank will use to make agribusiness loans to small and medium sized enterprises in the region. New York partners Robert da Silva Ashley and James Salerno are widely recognised for their Latin America financing credentials, as is Miami's Fradyn Suårez who has strong connections to commercial and agency lenders. Mexico City's Alberto de la Parra is a big name in the jurisdiction, particularly in relation to infrastructure financings. Miami partner Richard Puttré is recognised for renewable energy financings.

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Projects and energy

Within: Projects and energy

Jones Day's multi-office strategy is paying considerable dividends with its market share of renewable energy projects in Mexico particularly noteworthy, along with strong levels of activity in Argentina, Colombia and Peru. The firm's Sao Paulo office has also achieved considerable recognition for its record in energy and infrastructure M&A. The firm has a strong weighting towards project developers and sponsors, although is gaining ground with DFIs and MLAs thanks to the work of Fradyn Suårez in Miami and with commercial banks through Robert da Silva Ashley and James Salerno in New York. Moreover, the firm is building a strong record in representing Chinese investors, developers and lenders. Clients include ENGIE, Banco Santander, IDB, Jinko Solar, EDF, Grupo Aeroportuario de la Ciudad de Mexico, Cemex and Elecnor. Recent mandates include advising Chinese solar panel manufacturer Jinko Solar, and its project company Solar Park Viborillas, on the development, construction, and senior financing of a 130MW photovoltaic solar power project to be constructed in Las Viborillas, Mexico; and Banco Santander on a bridge loan to Concesionaria Autopista Silao to finance the construction and equipment of the Silao Toll Road in Mexico. The 'high quality' team provides 'timely responses' and includes Miami partner Richard Puttré, who is a leader in renewable energy projects, most notably for Spanish developers; and Sao Paulo's Marcello Hallake , who deserves recognition for energy and infrastructure M&A. In Mexico City, Alberto de la Parra has a tremendous record in infrastructure projects and financings, and has a long-term association with the development of the new Mexico City airport; in 2018 he advised Grupo Aeroportuario de la Ciudad de México on its $1.6bn IPO of Fibra E Shares on the Mexican Stock Exchange.

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Legal Developments by:
Jones Day

  • US rules regarding offshore accounts

    The Hiring Incentives to Restore Employment Act 2010, enacted on 18 March 2010, imposes a new US withholding tax and reporting regime, known as the Foreign Account Tax Compliance Act (FATCA). The FATCA regime applies generally to payments made after 31 December 2012, except on obligations (to be defined in future guidance) outstanding on 18 March 2012. Substantial effort is required by foreign entities to bring their worldwide operations and policies into compliance with the FATCA rules as of the effective date.

    - Jones Day

Legal Developments worldwide

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  • DO FIDIC RULE APPLY IN CONSTRUCTION CONTRACTS IN UAE?

    Since a very long time, FIDIC (The International Federation of Consulting Engineers) is commonly used a standard for international construction and engineering contracts and is very frequently used in UAE. It mainly governs the construction works within the country and in GCC. 
  • CommuniquĂ© on Equity Crowdfunding Is Officially Published

    By way of background, in January 2019, the Capital Markets Board (“ CMB ”) had issued an announcement on its website on the Draft CommuniquĂ© on Equity Crowdfunding [1] . The CMB has now officially published the CommuniquĂ© on Crowdfunding No. III-35/A (“ CommuniquĂ© ”), on October 3, 2019. The CommuniquĂ© entered into force as of October 3, 2019.
  • Beneficial Ownership Concept new interpretation from the Russian federal tax service

    The recent interpretative letter issued by the Russian Federal Tax Services (“FTS”) on 08th August 2019, has provided further guidance as to the application of the Beneficial Ownership Concept, further to the letter initially provided on the 12th of April 2018 which adopted a strict approach of the concept. 
  • Cyprus and Netherlands Double Tax Treaty Update

    Cyprus has concluded the negotiations for the avoidance of double taxation with the Netherlands. The double tax treaty was agreed at technocratic level in Hague. It is expected to be signed by the end of 2019 or early in 2020.
  • Vacancy - Senior Corporate Lawyer

    The Senior Corporate Lawyer, who will be reporting to Partners, will be working with both the firm’s legal team as well as the financial services team. The successful candidate will be requested to show initiative, take on certain responsibilities within the firm, work in a multinational environment and will immediately be given the opportunity to further advance their career within the law firm.
  • CJEU RULED ON THE APPLICATION OF THE BENEFICIAL OWNERSHIP CONCEPT

    The judgment of the Court of Justice of the European Union (CJEU) on February 26, 2019, in the “Danish Beneficial Ownership Cases”, can be perceived as a landmark on the interpretation of the Beneficial Ownership concept under the Interest and Royalties Directive (IRD) and the Parent-Subsidiary Directive (PSD).
  • Court of Justice rules on source of income for Derivative Residence applications

    On 2 October 2019, the Court of Justice delivered its judgment in Bajratari v Secretary of State for the Home Department (Directive 2004/38/EC) Case C-93/18 which concerns Chen applications and the source of funds for self-sufficiency. 
  • End of the ‘centre of life test’ in Surinder Singh cases?

    In the recent case of  ZA (Reg 9. EEA Regs; abuse of rights) Afghanistan   [2019] UKUT 281 (IAC ), the Upper Tribunal found that there is no basis in EU law for the centre of life test, as set out in Regulation 9(3)(a) of the Immigration (European Economic Area) Regulations 2016 (the “Regulations”). It further found that it is not to be applied when Judges assess  Surinder Singh  cases that appear before them.
  • ITALIAN RULES ON JOINT VENTURES IN PUBLIC PROCUREMENT AND CONCESSIONS

    Italian rules on jointventures concerning public procurement and concession contracts are set out inlight of the European legal framework provided for in Directive 2014/23/EU and 2014/24/EU of the European Parliament and of the Council. The European rules aim to ensurethe best use of public money so that EU citizens benefit from strategicinvestments and services at fair prices. In this context, public procurementand concessions represent key instruments that need to be regulated and standardisedin order to ensure free movement of goods, freedom of establishment and freedomto provide services.
  • Terms of employment as a sole representative

    In this article we examine the working arrangements of sole representatives, looking at the terms and conditions of employment that the Home Office will expect a sole representative to have in order to qualify as a representative of an overseas business.