Bustamante Fabara

bustamantefabara.com

Gustavo Almeida

Gustavo advises local and international companies, with an emphasis on energy regulation, oil & gas, mining, environmental law, and infrastructure. Additionally, he provides strategic legal support for the regular operations of businesses in Ecuador. In the energy sector, he has advised on project structuring and obtaining government authorizations for generation, self-generation, distributed generation, and self-supply. He has negotiated concession contracts, power purchase agreements (PPAs), and related infrastructure contracts. In the oil & gas area, he has accumulated extensive experience in all phases of the industry. He served as in-house counsel at the largest oil and gas exploration and production company in Ecuador. Gustavo provides legal advice on production sharing contracts (E&P), service contracts (E&P), integrated services with financing, and specific service contracts. In the mining sector, he advises on project structuring, granting enabling titles, royalty agreements, due diligence processes, and regulatory compliance. Gustavo’s environmental law practice includes performing due diligence, obtaining environmental permits, challenging sanctions, and advising on environmental compliance across sectors. He has also advised on landmark transactions with a significant environmental component. In addition, he has served as an adjunct professor of Administrative Law, authored academic articles, and participated as a guest speaker. He is the first president of the Ecuadorian Institute of Energy and Natural Resources Law (IEDERN).

Andrés Becdach

Andrés is a Director at BUSTAMANTE FABARA with more than 15 years of experience in the areas of public procurement, mergers and acquisitions, corporate and commercial, life sciences and pharmaceutical. He currently leads the life sciences practice at BUSTAMANTE FABARA. Andrés has represented sellers, buyers, majority and minority shareholders, the company for sale, public or private, and financiers in transactions of this nature, in the most diverse operations, such as mergers, divisions, associations, public and private offerings of shares, reorganizations or other forms of restructuring.

Jesús M. Beltrán

With more than 20 years of professional experience locally and internationally, Jesus has unrivaled experience advising lenders and borrowers in various types of cross-border financing, such as syndicated and bilateral loans, club deals, project and acquisition financings. He also advises issuers and underwriters on bond and equity issues in capital markets, as well as on securitizations, structured financing, derivatives and repo transactions. Jesus has extensive experience in restructuring liabilities, and deep knowledge of insolvency and bankruptcy processes, as well as vast knowledge of the banking sector, particularly of the various laws in Latin America that impact the business of multi-jurisdictional institutional banking. In the Corporate area, he focuses on mergers and acquisitions, joint ventures, equity investments and other strategic cross-border transactions. Prior to joining BF, he was a partner at a leading regional law firm, and prior to that he served as General Counsel for Latin America and the Caribbean, and as Senior Transaction Counsel for Corporate Banking and Investment Banking in Latin America at Bank of America Merrill Lynch (2010-2014). Prior to this role, he was an associate at Cleary Gottlieb Steen & Hamilton LLP, working out of New York, United States, and out of Rome, Italy (2000-2010).

Josemaría Bustamante

Senior Partner. Josemaria Bustamante has assisted international clients in: Litigation, Multilateral transactions; Cross Border transactions; Mergers and Acquisitions; Project Financing and Management; Public Procurement; Civil, Commercial, Corporate, and Tax Law; International Trade; Franchising, Licensing and Distribution; in the following sectors: Insurance; Banking; Finance; Stock Exchange; Aviation; Communications; Maritime; Energy; Agrochemical industry; Beverage industry; Agroindustry; and, Fishing and Food industry. Pro bono work includes having obtained the first Certificate of Protection ever issued by the Ecuadorian Government, which was granted to Luthier Hugo Chiliquinga; and, the first patent ever conferred to a Luthier in Ecuador; Fundación Zaldumbide-Rosales (promoting musicians worldwide);The Global Foodbanking Network, and several foreigners moving into Ecuador to spend their retirement.

Juan Carlos Bustamante

Juan Carlos has vast experience and in-depth knowledge of the law; factors that have earned him international recognition for his high level of competence in different categories of the legal field related especially to the corporate, tax and energy sectors. Throughout his career, he has advised local and international clients in several cross-border transactions covering a wide range of complex legal issues. In addition to his professional practice, he was a professor of Private International Law for 30 years at Pontificia Universidad Católica de Ecuador, based in Quito, and has had a successful participation in the management of the firm for decades. Former arbitrator of the National Mediation and Arbitration Center of the Chamber of Construction. Juan Carlos has provided legal advice in different areas of the law to individuals and to national and international companies from both the public and private sectors. Juan Carlos has also practiced in the field of business development, and in public procurement; has advised in matters of energy, insurance, contracts with banks, purchase/sale of movable and immovable property, grant of security, foreign investment, contracts for setting up trusts. Advisor in project financing and in drafting contracts related thereto.

Juan Felipe Bustamante

Juan Felipe is a prominent Ecuadorian lawyer, currently a partner at Bustamante Fabara. Specializing in Corporate and M&A areas, his work is characterized by a meticulous and deep analysis applied to each and every case. As an active member of the International Bar Association, he participates in multiple annual conferences worldwide. He is also the President of the Ecuadorian Portuguese Chamber of Commerce and represents Bustamante & Bustamante as a member of the Legal Alliance of the Americas, where he has had the opportunity to interact with the most influential representatives in the Legal field.

José Rafael Bustamante C.

José Rafael has more than 12 years of experience in the transactional field, currently leading BUSTAMANTE FABARA’s mergers and acquisitions, project finance and competition practice. José Rafael has structured complex transactions that have set a precedent in the jurisdiction, advising buyers and sellers in the most important transactions in the market. He has extensive experience in matters such as M&A, restructurings, shareholder agreements, joint ventures, financing agreements, project structuring, guarantee packages, due diligence processes and other complex corporate matters. José Rafael provides comprehensive advice that combines his experience in law and business administration for which he has been widely recognized by clients and legal ranking agencies as a leading lawyer in transactional law in Ecuador.

José Rafael Bustamante E.

Chairman of the Board at BUSTAMANTE FABARA and Co-director of the Corporate Department, José Rafael has earned market recognition for his enduring reputation in the business and commercial sphere. He boasts extensive experience in advising foreign clients conducting business in Ecuador and is highly esteemed by both clients and peers, having been a key figure in the legal market for over 35 years. José Rafael is a Member of INTA – International Trademark Association, American Society of International Law, International Bar Association, International Association for the Protection of Intellectual Property – AIPPI, Inter-American Association of Intellectual Property – ASIPI, and Multilaw (President 1996-1999).

Francisco Bustamante Luna

Francisco has provided legal advice in commercial, corporate, banking, and financial sectors. He has a broad experience in loan agreements, project finance, security documents, structuring of security packages, administration and guarantee trusts, corporate matters, arbitration, and cross border commercial and financial transactions. Prior to joining Bustamante & Bustmante he acted as Deputy General Counsel and General Counsel of Corporación Financiera Nacional, a public sector financial entity. He also acted as a member of the board of directors of some private financial institutions. He has provided legal services to local and foreign financial institutions and multilateral entities in financing transactions with public and private sector entities. Since 1993 he is an arbitrator of the arbitration tribunals of the Quito Chamber of Commerce. Author of several articles for specialized magazines, including on foreign loan transactions and national and international arbitration.

Daniel has 15 years of profesional experience and is currently part of the competition and compliance areas of BUSTAMANTE FABARA. Daniel has worked 15 years in competition law assessing clients in the subject and representing them before the competition authority and courts of law. He has extensive experience in merger control filings, dominant position abuse, anticompetitive agreements, unfair competition investigation processes, and due diligences. Daniel has been widely recognized by clients and legal rankings agencies as a leading lawyer in competition law. Daniel is the Director of two relatively new areas at BUSTAMANTE FABARA: Data Privacy and Compliance. He has led the creation and operation of both areas to provide the best advice to BUSTAMANTE FABARA S.A.S.’s clients. Daniel’s work in these areas involves the implementation and ongoing advice on Ecuadorian legislation related to data protection and compliance.

Francisco Dávila Caicedo

Francisco focuses his practice in the area of conflict resolution; he represents and advises national and foreign clients in contentious-administrative, civil and arbitration litigation. Francisco has considerable experience as a litigator. He has counseled foreign companies in the resolution of complex disputes in public procurement and civil liability: contractual and non-contractual. In addition to serving as a Senior Associate at BUSTAMANTE FABARA, Francisco has acted as: (i) professor at the Universidad de los Hemisferios in the subject of Executive and Enforcement Processes; and, (ii) arbitration secretary of the renowned Arbitration and Mediation Center of the Quito Chamber of Commerce.

Pablo Fabara Vera is a Director at BUSTAMANTE FABARA, specializing in Intellectual Property. He has more than 19 years of experience in this field, both in the administrative and jurisdictional spheres, which enabled him to lead the Litigation Department in the Intellectual Property area at Fabara & Compañía Abogados for several years. Pablo has successfully defended numerous Intellectual Property cases.

María Rosa Fabara Vera

María Rosa Fabara-Vera, Managing Partner at BUSTAMANTE FABARA. With more than 25 years of experience, she provides ongoing legal advice to national and foreign clients, particularly in matters related to intellectual property, antitrust, regulatory issues, mergers and acquisitions, corporate matters, public procurement, and public-private alliances. Ms. Fabara has extensive experience advising clients in the pharmaceutical, insurance, and prepaid medicine sectors, as well as in construction, infrastructure, project finance, and other industries. She has outstanding and highly recognized expertise in antitrust matters, intellectual property—particularly in trademarks, patents, copyrights, plant varieties, new technologies—and unfair competition, especially in litigation. She also has a broader perspective in corporate/commercial practice and public matters. María Rosa is a member of several boards of directors of private corporate groups. At Legal 500, she is praised for her “great negotiating skills.” Dr. Fabara has chaired and been a member of the Board of Directors of the Ecuadorian-Colombian Chamber of Commerce and Industry during several terms, and she has also served as President of the Federation of Binational Chambers of Ecuador (FECABE) in multiple terms. Additionally, she chaired the Council of Chambers and Associations of Production of Ecuador.

Pedro Gómez de la Torre

Associate. Having worked as inhouse attorney at the major players of the telecommunication industry, Pedro has gained experience in corporate law, tax law, and public procurement. Pedro now works in the Corporate and Tax Departments of Bustamante & Bustamante, practicing mainly in corporate restructuring, labor contingency, and tax advice.

Kirina González

Senior Associate

Sofía Gordillo

Sofía has more than 10 years of experience in tax practice and is currently a senior associate attorney in the tax division at BUSTAMANTE FABARA. She has extensive knowledge in administrative, tax and constitutional matters. She provides legal advice to different sectors of the economy and new investors; local and international tax planning, as well as has significant experience in the technical defense of taxpayers in administrative and tax litigation with effective results. She has provided support and sponsorship in important tax assessment and corporate insurance processes. She is co-author of “Manual de Derecho Tributario Formal”, published by Ediciones Legales. She has been recognized as “Associate to watch in Tax”, in Chambers & Partners LATAM Guide 2024 rankings; and “Notable Practitioner in Corporate General Tax”, by ITR World Tax. Currently, she is vice-president of the tax table of the Young Ecuadorian Attorneys – YEA of the ICC, Ecuador Chapter.

Juan Bernardo Guarderas

Juan Bernardo is a Senior Associate at BUSTAMANTE FABARA and a member of the firm’s Corporate, Commercial, Finance, Banking, Capital Markets and Mergers & Acquisitions teams. He focuses his practice on finance, capital markets, corporate and banking matters. He advises multilateral, bilateral, national and international creditors, investors, debtors, borrowers, sellers and buyers in complex banking and finance operations, generally with mercantile, commercial, fiduciary, securities and regulatory components and collaterals. He has been involved in the most sophisticated financial and banking operations in Ecuador, including the first issuance of green, thematic and blue bonds in the country and the region. Before joining BUSTAMANTE FABARA, Juan Bernardo was an associate at a prestigious firm in Ecuador where he was part of banking, finance and M&A areas, focusing his practice and experience on advising clients with emphasis in corporate financing, senior, subordinated or guaranteed loans and financings, local or international issuances; as well as cross-border transactions with an emphasis on mergers and acquisitions, purchases, sales, and joint ventures, among other operations, in all business areas. Currently, Juan Bernardo works in the Banking and Finance department, advising and assisting clients in syndicated loans and bilateral loans, as well as in bond or share issuances in local and international capital markets, among other transactions of the Firm’s line of business. He also actively collaborates with in the M&A area, on local and international transactions, acquisitions, joint ventures, asset purchases, share purchase agreements (SPA), shareholder agreements (SHA), among other complex corporate matters. He has also developed and has extensive experience in tax and corporate structuring and advice to companies

Sebastián Páez

Diego has over 20 years of experience in tax law; he currently leads the Tax and Customs Area at BUSTAMANTE FABARA. Diego has extensive experience in matters related to his area of practice, such as providing assistance in determination processes and representing clients in administrative claims before the internal, sectional, and customs tax authorities. He also handles tax litigation before the Tax Litigation Court, the Fiscal Chamber of the National Court of Justice, and extraordinary protection actions before the Constitutional Court. Additionally, Diego provides comprehensive corporate and personal advisory services on topics such as tax planning, corporate restructuring, estate planning, mergers and acquisitions, as well as general tax advice.

Patricia Ponce, a longstanding partner, has brought over 38 years of experience in commercial, corporate, labor law, finance, public procurement, and insurance. A key asset to the department, she advises on complex commercial litigation and contentious administrative claims, earning recognition as a market benchmark for her exceptional service and attention to detail. In the academic field, she has taught Family Law, Corporate Law, and Insurance at leading Ecuadorian universities and has been a featured speaker at prestigious legal conferences, including those of the Inter-American Bar Association.

Diego Ramírez Mesec

Diego advised Credit Suisse on the structuring of the largest blue bond issue in history, in support of marine conservation and natural capital of the Galapagos Islands; the transaction also involves significant benefits in public debt reduction for the Republic of Ecuador. Diego has a broad international perspective, forged in his academic training and extensive professional experience as a diplomat and lawyer. After obtaining his law degree an JD, he trained at the Diplomatic Academy and then pursued postgraduate studies in the United States. A member of the Foreign Service for almost 20 years, he served in the Embassies in Bogotá and Washington as well as in the Ministry of Foreign Affairs in Quito, and also held positions of trust in the Ministry of Industry, Foreign Trade, Competitiveness, Integration and Fisheries. He was involved in the negotiations for the Free Trade Area of the Americas, and later for the Free Trade Agreement with the United States of America. In private practice he has advised international clients (from the United States, Europe, Latin America, China and Japan) as well as local companies, in countless commercial and financial transactions for a combined amount in excess of USD 20 billion (including the largest debt-for-nature swap to date, the first issue of a Sovereign Social Bond, and other complex financing structures, meriting international recognition by prestigious international rankings. His practice extends to foreign investment, international arbitration, antitrust, banking & finance and telecommunications.

He has 22 years of experience in the field of Intellectual Property, both in the public and private sectors, advising national and foreign companies, and resolving final administrative procedures in intellectual property matters. He is a trainer at academic events. He was a delegate to WIPO in the enforcement committee. He was a negotiator on intellectual property issues in agreements with EFTA and South Korea. He is a professor of the advanced specialty in Intellectual Property at the Central University of Ecuador.

Patricio Santos

Patricio is one of the Directos at BUSTAMANTE FABARA’s Banking & Finance practice, advising clients on regulatory, contractual and legal risk issues, as well as on the implementation of financial products and services, specializing in payment methods and fintech activities. He has more than 20 years of experience in the public and private financial sector, where he has participated in complex local and cross-border financing transactions, such as the issuance of bonds -green, social, sustainable-, securitizations, DPRs, among others. He has advised local and foreign companies, multilateral organizations, financiers and debtors on financing transactions, contractual, corporate, capital market and compliance issues. In addition, he has advised Fintech companies on their incorporation, qualification and operation in Ecuador.

Francisco Vacas

Francisco Vacas Dávila has extensive and recognized experience in the labor field. He served as Vice Minister of Labor and Employment at the Ministry of Labor Relations and later held the position of Minister of Labor Relations of Ecuador. He worked as Advisor to the National Secretary and Subsecretary of Policies and Norms (SENRES). Additionally, he was a Legal Advisor and Special Representative for Group Stanford Casa de Valores S.A. He also served as Legal Advisor and Special Representative for Stanford Trust Company and Trust Fund Management S.A.

Rafael Valdivieso

Rafael advises oil and gas companies on various strategic matters to channel their investments through viable legal structures. He is an expert in drafting and negotiating contracts in the oil and mining industry, corporate structuring, project financing, operational agreements, and local and cross-border mergers and acquisitions. He works with major clients in the oil and mining industry in Ecuador, advising International Oil Companies (IOCs), independent companies, and service companies on project structuring and implementation in Ecuador, Cuba, Venezuela, and Guatemala. Rafael has advised several mining companies on their entry into Ecuador and the development of exploratory projects. He has been recognized by leading law magazines in the Energy and Natural Resources area for several consecutive years. In 2016, he won the Latin Lawyer’s Deal of the Year (Regulatory) award. Rafael was also appointed Director of the Ecuador chapter of the Association of International Petroleum Negotiators (AIPN), where he led and organized various events with different government authorities in recent years. He is an expert in Administrative Law and has extensive experience in telecommunications regulation matters. Currently, he leads the Energy and Natural Resources department at BUSTAMANTE FABARA.

Mariana Villagómez Álvarez

Mariana has 33 years of experience in corporate, banking, trust and investment business. Her vast experience includes domestic and international clients in fund raising and acquisition transactions. Due to her ability to propose and implement creative and alternative strategies and her effectiveness in delivering excellent results, her clients continually retain BUSTAMANTE FABARA for the resolution of their legal matters in her practice areas. Mariana builds great trust with her clients and for this reason, they have been working with us for more than 20 years, being Director of Insurance Companies and several multinational companies.