LATAM countries your role covers: Chile, Argentina, Peru, Brazil, Colombia, México

What are the most significant cases and transactions in the LATAM region that you or your legal team have recently been involved in?

In July I changed positions, assuming a role as general counsel and public affairs director of the new business of green hydrogen – incorporated by Acciona in joint venture with the Nordex Group – to develop giga-scale GH2 projects. Until July, I was the global head of legal of the concessions business of Acciona. We participated in several roads, hospitals, electric transmission lines, metro, district heating and train projects tenders and M&A transactions.

Financings, M&A, and complex corporate structuring transactions are key topics in our daily activities. Currently, M&A, origination, market sounding, strategic partnerships scouting, corporate and secretarial tasks related to the landing in new countries with a new business and greenfield development related activities like landing secure, permitting, services providers engagement and environmental steps are very intense as a greenfield business.

What are your organisations plans in the LATAM region over the next 12 months and how will your legal expertise help to achieve these plans?

Regarding the new position within ACCIONA Nordex Green Hydrogen, we have ambitious plans for pursuing the development of our projects’ portfolio, based in several Latin American countries.

My experience after spending six years in Chile as Acciona Energy’s South America general counsel and in Acciona Concessions as global head of legal based in Madrid with extreme focus on the Latin American region, amongst other jurisdictions worldwide, have provided me with many tools, skills, and knowledge on the key issues from a legal and dealmaking perspective.

These experiences have enabled me to support the CEO and the business with a strategic view of the risks, challenges and particularities of the different requirements within the region, advancing potential impacts and risks that could impact the development timelines and the success of the projects, alongside implementing an aprioristic approach to reach a swift and smooth senior financing closing for the construction of each relevant project.

Corporate and tax structuring expertise is also a skill that contributes a lot of added value to the projects structure since the beginning of the development activities. Finally, my extensive experience in the construction and operation of projects has placed me in an advantageous position to duly assess the tax and accounting issues related with EPC, BOP, PPAs and O&M agreements and discussions, considering tax benefits local regimes like VAT treatments, for instance.

How do you adapt your legal counselling to align with the diverse business practices and customs of various LATAM countries?

It is important to participate in each local Latin American market with humility and eagerness to acquire new knowledge shared by our local legal advisors. On the other hand, we have to be able to transfer our particular and deep knowledge on each respective business area and project stages, so that the local knowledge is aligned with the sector and our company policies, visions and way of doing things, with the quality, rigor, safety, compliance and anticipation view that will avoid incurring in potential issues and risks for the business.

Clearly, the most successful approach consists of mutual learning and enrichment which will lead to the professional growth of the in-house and external lawyers collaborating as colleagues. Developing and cultivating quality human relationships beyond the pure professional link with the external lawyers we work with is also of essence to make the most of each collaboration and become better professionals.