Bernardo Eid Asbun – GC Powerlist
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Bolivia 2022

Materials and mining

Bernardo Eid Asbun

Gerente legal | Itacamba Cemento

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Bolivia 2022

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Bernardo Eid Asbun

Gerente legal | Itacamba Cemento

What are the most significant cases and transactions you have been involved in recently?

I actively participated in the implementation of a bond issuance program for the sum of $150m, titled the Itacamba Cemento Bond Issuance Program, designed for investment capital, operating capital, and replacement of liabilities. We were fortunate to lead the drafting of the Gobierno Corporativos’s minutes and permits proposals, and for the drafting of the unilateral declarations of will.

Itacamba Cemento implemented its environmental policy directives for the management of industrial waste, the same which are destined to diminish the production of more waste through: 1) consumption cuts, 2) reuse, 3) recycling when possible and, 4) guaranteeing that its final destination are authorized and specialised facilities, holders of an environmental license, with significant annual costs for the company, as there are no authorized landfills in the surrounding areas for these operations.

As part of the continuous improvement and implementation of best environmental practices, in 2020 our company developed a project called “Coprocesamiento de Residuos Sólidos Propios” (Co-proessing of solid waste), that allows the elimination of a significant part of non-hazardous industrial waste, the same that is incorporated into the clinker production process, without additional impacts for the environment, and which is already implemented and active.

Aware of the challenges of climate change, and of the responsibility that all companies must develop strategies aimed at reducing greenhouse gas emissions, in addition to contributing to the search for solutions to the inadequate disposal of municipal waste in the region, we are in the final phase of an environmental license process for a project called Planta de Tratamiento Térmico de Residuos (Waste Thermal Treatment Plant) – Itacamba Cemento – PTTR-ICSA. As head of the legal department, I have participated in the project’s drafting and environmental licensing, the former already approved and the latter expected soon. Lastly, we have collaborated in the drafting of legislative initiatives which promote projects like ours.

What can the law firms in Bolivia do better to provide for you as an in-house counsel?

It is recommended that law firms in Bolivia work to improve case reports, in such a way that allow companies, such as Itacamba, to know the status of their ongoing affairs well in advance, instead of firms reacting to report requests. Currently, it is necessary to request information to learn about cases’ present situation.

In addition, I would recommend writing proposals that allow to know 100% of the scope of services for which you must work on writing complete analysis, that incorporate all the possibilities within the expected results in a case or procedure. Agreements often require adjustments to adapt to initially unforeseen circumstances.

What will the main focus of your company be over the next few months and how do you intend to assist with this?

Sustainability and environment. As in-house lawyers, we need to create legal structures that allow us to advance towards these objectives. In Bolivia, many regulations do not incorporate the necessary tools to achieve environmentally friendly objectives and to become a more sustainable institution. For that reason, legislative initiatives must be generated to complement existing regulations or create new law.

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