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FIGUEROA SIERRA & ASOCIADOS ABOGADOS

Experience since 1986 to date

 
Client
Date
Description of Services
     
AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC.
1986
to 2012
Advised and represented Amex in all legal aspects of international dollar card and local card licensing business regarding Colombia including the following chronologically as from 1986: (i) a successful restrictive commercial practices complaint filed with the Superintendency of Banking against Visa International Corporation, Inc.; (ii) appointment of new representatives in Colombia; (iii) termination and settlement of representative agreement negotiations; (iv) termination and appointment of Colombian banks acting as payment managers; and, (v) appointment of franchisee banks for local card issuance.
OTIS ELEVATOR COMPANY, INC.
1986
to date

Advised and represented Otis in all legal aspects of its business activity in Colombia, including: (i) branch compliance with Colombian laws and regulations; (ii) relationships with local contractors including: (a) tendering, bidding and contracting before private and public parties; and, (b) relationships with local sales agents including major termination negotiations and litigation for termination indemnity; (iii) sale of ownership in foreign parent of Colombian branch executives and local investor; (iv) settlement of pensions liability with Colombian social security system; (v) distribution, technical assistance and intellectual property licensing agreements until replacement by OLG merger; and, (vi) Colombian law expert counsel for tort liability suit in United States court; and, (vii) representation for arbitration suit filed by prior alleged commercial agent. We continue to be counsel for OTIS most recently in consummated arbitration.

CONTINENTAL AIRLINES INC. (today UNITED AIRLINES)
1987
to date
Advised and represented Continental Airlines Inc. in all legal aspects of its business activities in Colombia including: (i) negotiation of GSA Agreement, appointment of GSA, ongoing relationship with GSA until termination in 1993, negotiation of commercial severance; (ii) preparation and submission of operation permit request before Colombian civil aeronautics authority who granted: (a) initial routes between Houston and Bogotá, Cali and Barranquilla in 1995, and (b) Newark- Bogotá route in 1997; (iii) ongoing support for legal aspects of airport and aeronautical operations (iv) establishment and registration of Colombian branch in 1993, and ongoing corporate law support for branch functioning requirements before Colombian authorities; (v) definition of labor contracting policies and negotiations with initially engaged personnel, ongoing labor counsel support; and, (vi) assessment of tax requirements under Colombian law including negotiation with Colombian authorities regarding the applicability of overall international treaty tax exclusion on local taxes. Currently, the attorney-client relationship is between our strategic alliance with Parra Rodríguez SAS and United Airlines.
CGG SERVICES SA
1993
to date
Advised and represented CGG, a major French oil industry service company, in all legal aspects of its business activity in Colombia, including: (i) for the structuring of an oil industry services joint venture before the Colombian Bavaria S.A. group; (ii) acquisition of shelve company; (iii) purchase of Sismocol S.A. commercial establishment including corporate name and service contracts; (iv) successive capitalizations of project company; (v) provided legal support in all legal aspects of its business activity until liquidation in 2000; and, (vi) ongoing legal support for historical CGG branch in Colombia; (vii) branch’s incorporation and representation (2007); (viii) branch’s management until 2011 and maintenance counseling; (ix) global counseling for public and private bids for maritime and ground seismic services; and, (x) support on contracts and subcontracts executed in awarded projects.Mr. Figueroa is currently CGG’s registered general attorney in fact in Colombia.
ENRON COLOMBIAN CENTRAL REGION TRUNK GAS PIPELINE BOMT
1993
to date
Advised and represented Enron Corp subsidiaries (hereinafter Enron) through the project, including: (i) the submission of a winning bid for the development, financing and construction of the first major natural gas transportation pipeline constructed under Colombia's national gas plan between Ballena and Barrancabermeja; (ii) the issuance of all project permitting; (iii) as Colombian counsel for the successful international placement of Rule 144A bonds for US$172.5 million to finance the project non-recourse; (iv) ongoing advise and representation to date of project company (Centragas) in all legal aspects of its business activity in Colombia; (v) installation transfer negotiation of Transportadora de Gas Internacional SA ES; and, (iv) Liquidation of the company (as liquidators and executors) and representation in subsequent controversies.
ENRON CORP Termobarranquilla capitalization project bid.
1993
Advised the Enron/Siemens consortium in submission of bid before Corporación Eléctrica de la Costa Atlántica -Corelca regarding: (i) labor cost of transfer of Corelca's personnel at the Termobarranquilla plant to the new company; (ii) assessment of voluntary retirement package; and, (iii) opinion on tax risk.
PAE GROUP SERVICES, INC.
1993
to date
Advised and represented the Delegation on legal matters in Colombia, including: (i) General support: (i) Counseling for establishment of subsidiary in Colombia; (ii) full service counseling for subsidiary legal matters and advise on applicability of tax exemptions under 1961 General Agreement for Economic, Technical And Related Assistance between the Government of The United States of America and the Government of Colombia.
EUROPEAN UNION COMMISSION DELEGATION IN COLOMBIA AND ECUADOR.
1994
to 2006
Advised and represented the Delegation on legal matters in Colombia, including: (i) fiduciary arrangement with Colombian government for joint funding of development aid projects; and, (ii) Delegation office administration contracts and overall labor counsel.
ENRON CORP
Termovalle BOO and contract negotiation.
1994
to 1995
Advised and represented the Enron/Carton de Colombia consortium in: (i) the submission of a winning bid before the Corporación Regional del Valle del Cauca (CVC) for the development, project financing and construction of a 230MW gas fueled power generation plant; (ii) the negotiation and execution of a power purchase agreement between CVC (later split into Electrificadora del Pacífico S.A. ESP-EPSA) and the winning consortium (Enron/Carton de Colombia); and, (iii) the negotiation of an amicable termination of all project agreements with EPSA due to absence of an acceptable gas supply agreement.
ENRON CORP Colombian western region trunk gas pipeline BOMT project bid.
1995
Advised and represented Enron in its submission of a bid for the development, financing and construction of a major natural gas transportation pipeline constructed under Colombia's national gas plan between Mariquita and Cali.
SIKORSKY AIRCRAFT CORPORATION, A LOCKHEED MARTIN CORPORATIONCOMPANY
1995
to date
Advise and representation of Sikorsky in all legal aspects of its business activity in Colombia (confidential).
CARRIER CORPORATION
1995
to date
Advise and representation of Carrier in all legal aspects of business activity in Colombia, including: (i) its minority shareholder while licensor and supplier position regarding Colombia's main HVAC equipment manufacturing and marketing corporation; (ii) acquisition of a majority shareholding position in the same corporation; (iii) acquisition of total ownership by Carrier affiliates of stock in the same corporation and transformation into a limited liability company; (iv) closing of manufacturing activities in the same corporation (counsel for termination of labor contracts); (v) liquidation of the company (as liquidators and executors); and, (vi) legal advise in cross-border transactions.
ENRON CORP
Betania Hydroelectric Central privatization project bid.
1996
Advised Enron/Chilgener temporal union in submitting a bid for the privatization of the 500 MW power generation company Central Hidroeléctrica de Betania.
ENRON CORP
Privatization of chivor hydroelectric central.
1996
Advised Enron and Chilgener for the submission of a winning bid by Chilgener for the privatization of the 1000 MW power generation company Central Hidroeléctrica de Chivor.
ENRON CORP Potential purchase of trust interest in Termocartagena.
1996
Advised Enron for the potential purchase of fiduciary interest in a state-owned power generation company, Termocartagena S.A. ESP. Client opted not to make definitive offer.
ENRON CORP Acquisition and management of interest in Promigas.

1996
to 2002

Advise and representation of Enron regarding: (i) its winning bid at the Bogotá Stock Exchange for the acquisition from Ecopetrol of main stock holding in Promigas S.A. ESP, Colombia's main gas transporter; (ii) further direct purchases of stock in Promigas; and, (iii) legal issues pertaining to its shareholder status and to certain Promigas business projects.
DURO FELGUERA Termosierra power generation project.
1996
to 1998
Advise and representation of Grupo Duro Felguera, a major Spanish power sector construction contractor, in: (i) submitting a winning bid through the temporary union formed with General Electric for the Termosierra 300 MW gas fueled power generation turnkey contract with the Empresas Municipales de Medellín-EPM; (ii) subsequent contract negotiation; (iii) preparation of successful ICC international arbitration strategy and claim against Colombian subcontractor for overpayment of construction fees; and, (iv) completion of successful civil litigation against collection suit filed by another subcontractor with injunctive measures.
AUSENCO (previously SANDWELL)
1996
to date
Advise and representation of AUSENCO in: (i) the establishment in Colombia of a branch for rendering of EPC advisory and design services; (ii) continued legal support for branch and contracting matters; (iii)_ liquidation of Sandwell branch; (iv) establishment of Ausenco branch following acquisition of Sandwell by Ausenco worldwide; (v) continued legal support for branching and contracting matters; and, (vi) legal support for liquidation of Ausenco branch.
PROMIGAS Electrocosta and Electricaribe capitalizations project bid.
1997
Performed bidding term’s analysis and comprehensive due diligence (including legal risk assessment of all institutional and contractual aspects of the Corporación Eléctrica de la Costa Atlántica-Corelca and eight power distributors in the region) for a potential bid by Promigas for the capitalization of two new companies with which power distribution in the Colombian Caribbean region was to be wholly restructured. Also provided legal support in negotiations with possible co-bidders. Client opted not to bid. Electrocosta and Electricaribe replaced prior power distributors in the region.
SAGEM S.A.
1997
to 2004
Advised and represented of Sagem in: (i) successful competitive bidding and subsequent contract negotiation before and with the Colombian National Civil Status Registry for a new citizens' identification system turnkey contract, involving the supply and installation of equipment and software, the transfer of know-how for operation of the system, and the delivery of same as a functioning whole; (ii) successful defense against class action suit involving injunctive measures brought on Sagem by RNEC's union for alleged violation of collective rights, demanding contract termination without indemnification (appeal proceedings are currently under way); and, (iii) other mayor now settled litigation and consummated corporate business support.
ENRON GENDELCA CAPITALIZATION PROJECT BID.
1998
Performed TOR analysis and comprehensive due diligence (including legal risk assessment of major PPAs with Tebsa and Termoflores) for a potential bid by Enron for the capitalization of a new state-owned power generation and commercialization company. Client opted not to bid and capitalization never took place.
ENRON CORP
Potential purchase of Lasmo Oil (Colombia) Limited.
1998
Advise and representation in the due diligence and negotiation of preliminary terms for the potential purchase of an Lasmo Oil (Colombia) Limited, who held several oil concessions. Commercial agreement was not reached.
ALSTOM S.A.
1998
to 2006
Advise and representation in: (i) establishment of corporate group parent company in Colombia; (ii) advise on potential corporate merger structures involving all historical Colombian affiliates; (iii) advise on tax treatment consequences in Colombia of parent company split-off; and, ongoing legal advise on various aspects of business activity in Colombia.
ENRON CORP
Potential development of gas exportation pipeline to Panama.
1998
to 2000
Advise on regulatory requirements for the potential development of Colombia's first gas exportation project-financed facility. Project was discarded due to agreement on regulatory policy not having reached with the Colombian government.
MINISTRY OF COMMUNICATIONS Y2K NATIONAL COUNCIL TELECOMMUNICATIONS SECTOR Y2K PROJECT.
1998
to 1999
Members of the firm advised the Colombian Government´s Y2K pilot project for the telecommunications sector. The scope of this project included key players from government agencies and the private sector. We identified legal risks, provided counsel and analyzed the implications of government noncompliance with international and national standards and legislation.
YEAR 2000 (Y2K) LEGAL SUPPORT FOR DUE DILIGENCE AND NEGOTIATION OF SUPPLY CONTRACTS
1998
to 1999
Members of the firm advised and/or represented major Colombian telecommunications sector entities and other corporate clients listed below regarding: (i) legal risk due diligence pertaining to all contracts and documentation held in their supply chain in order to minimize exposure and liabilities; and, (ii) the negotiation of updates/upgrades with suppliers and subcontractors. Clients included the Empresa de Telecomunicaciones de Bogotá-ETB, Empresa de Telecomunicaciones-Telecom, Orbitel, Empresas Públicas de Medellín-EPM, Carbones de Colombia S.A. Carbocol, Grupo Ardila Lulle, Grupo Empresarial Valores Bavaria.
ENRON CORP Proposal for the purchase of majority interest of TV CABLE S.A.
1999
Advise and representation in the submission of a private offer to purchase majority share block in Colombia's main cable television operator, involving several added value services. Commercial agreement was not reached.
AZURIX CORPORATION Guachaca waterworks concession project bid.
1999
to 2000
Advise and representation of Enron’s affiliate Azurix in an unsuccessful bid for the Guachaca River waterworks concession to supply water to the City of Santa Marta, including the assessment of project structuring risk under complex preexisting institutional conditions.
AZURIX CORPORATION Montería waterworks concession project bids.
1999
to 2000
Advise and representation of Azurix/Surtigas consortium in an unsuccessful bid for the waterworks and sewage concession for the City of Montería, including regulatory counsel on tariffs modification over the project's term and implications of lack of prior approval for an exclusive water supply and sewage service area.
HALLIBURTON COMPANY
1999
to date
Supported Halliburton: (i) Colombian legal expert opinion in Federal Court case on indirect applicability of international arbitration clause executed by a subsidiary (federal decision was favorable to client); and, (ii) advise and represent Halliburton in all legal aspects of its business activity in Colombia.
NOBLE AMERICAS CORP.
1999
to 2004
Advise to and representation of Noble for: (i) its participation as main creditor in coal producer and exporter Carboandes' creditors arrangement proceedings before the Colombian bankruptcy authority; (ii) arbitral and civil suits against coal supply agreement guarantors; (iii) sale of interest in bankruptcy and litigations to third party and, (iv) follow-up of purchaser compliance with post-assignment obligations.
ENRON CORP
Purchase of Cupiagua and Cusiana fields' gas
1999
to 2000
Advise and representation of Enron-Tomen consortium in negotiations for the potential tendering of a long term contract for the purchase of gas to be compressed and transported under an acceptable proposal from the Cupiagua and Cusiana fields operated by British Petroleum in association with the Colombian Petroleum Company - Ecopetrol. Client opted not to tender and the project has not been contracted to this date.
HICKS MUSE
1999
to 2000
Advise and representation of Hicks, Muse, Furst & Tate (Latin America) Incorporated in negotiations with Colombian state owned telecommunications entities for the acquisition of interest in new cable TV concessionaire. Commercial agreement was not reached.
ADVISORY COMMISSION TO THE SUPERINTENDENT OF INDUSTRY AND COMMERCE E-COMMERCE LEGISLATION.
1999
Member of our firm was appointed to a private sector advisory commission that advised the Superintendent on the process of drafting and enacting e-commerce and digital signature legislation.
DEPARTAMENTO NACIONAL DE PLANEACIÓN YEAR 2000 (Y2K) LEGISLATION.
1999
to 2000
Members of the firm provided legal advise for the Colombian government's official Y2K project, and drafted internal resolutions and executive decrees to regulate Y2K compliance by public agencies and prevent legal risks and exposure in all sectors of the Colombian economy.
CENTRAL BANK AND MINISTRY OF FINANCE AND PUBLIC CREDIT (IT).
1999
to 2000
Members of the firm advised on the standardization of IT vendor agreements and templates to be used thereon. The compilation, review, analysis and preparation of templates covered the following agreements: hardware purchase, software licensing, IT maintenance, professional services, outsourcing and systems integration.
ENRON CORP Potential acquisition of Termoflores.
2000
Performed comprehensive due diligence for and advised and represented Enron in the submission of a private offer to purchase trust or stock interests in entities controlling or owning the 400 MW Flores I, Flores II and Flores III power generation facilities. Commercial agreement was not reached and the concerned interests have not been sold.
ENRON CORP
Privatization of ISAGEN
2000
Performed analysis of terms of reference and performed main risk due diligence for potential submission of a private offer by Enron to purchase an interest in a state-owned 2,085 MW power generation company. The Colombian government has suspended this bidding.
PROMIGAS potential purchase of interest Electrocosta and Electricaribe
2000
Performed TOR analysis and comprehensive due diligence for a potential acquisition by Promigas of stock interest held by Reliant Energy in the two Colombian Caribbean region power distribution companies. Client opted not to offer. Electrocosta and Electricaribe replaced prior distributors.
HEURTEY PETROCHEM FRANCE S.A
2000
to 2002
Legal counsel and representation of Heurtey Petrochem France S.A (formerly Kvaerner Heurtey) in its negotiations with Distral Industrial S.A., with its union organizations and with the Barranquilla industrial free trade zone for the purpose of releasing the production and exportation of ovens for the treatment of crude oil destined for Central Sincor of Venezuela, including: (i) negotiation of financing conditions of the final production of ovens by Distral Industrial S.A.; (ii) negotiation of payment conditions and other accessory obligations with the Barranquilla industrial free trade zone for the purpose of authorizing the exportation of ovens by Distral Industrial S.A.; (iii) negotiations with the company Supertempo, supplier of temporary employees for Distral Industrial S.A. for the cease of judicial action for seizure of ovens.
TERMOBARRANQUILLA COUNSEL.
2001
to 2005
Advise and representation of Tebsa before the Colombian environmental authorities compliance with regulations, drafting of environmental liability protection content in agreements entered into with third parties, and general ongoing environmental law advise.
AERONAUTICAL RADIO INC.
2002
to 2004
Advise and representation of Aeronautical Radio Inc before Colombian Ministry of Communications and civil aeronautics authority for successful obtainment of radio-electric spectrum frequency for on-route air navigational control. Recommendation.
CP SHIPS
2002
to date
Advise and representation of CP Ships for consummated voluntary liquidation of Transportadora Marítima Grancolombiana.
VINSON & ELKINS Potential acquisition of DIRECT TV Latin America.
2003
Due diligence on Colombian legal risk of potential upstream acquisition of Direct TV Colombia by undisclosed client.
ROSNEFT AMERICA
2003
to 2007
General advise on Colombian incremental oil production association contract regulations and policies. Counsel on project consortium matters. Representation for foreign exchange proceeding.
BELLSOUTH COLOMBIA
2004
to 2005
Advise and representation in Colombian arbitration brought by local distributor claiming indemnifications under Colombian commercial agency laws for termination of contract. .
BELLSOUTH COLOMBIA
2004
to 2005
Advise and draft of special distribution channel contracts for mobile cellular telephony equipment and services, and extension of counsel to general commercial contracts.
PRATT & WHITNEY CANADA
2004
to date
General counseling in cross-border transactions (confidential).
ORICA
2005
to 2013
Full-service counseling for transboundary purchase of majority interest in Colombian subsidiary; and, counsel for foreign investor vehicles into Colombian subsidiary.
SERCEL
2012
to date
Counsel and representation for (i) review of representation agreement in Colombia; (ii) structuring of guarantees for leveraged sale of seismic equipment in Colombia and registration of same with the Colombian Unified Movable Goods Guarantees Registry (RGM); (iii) participation as creditor in defaulted purchaser reorganization proceeding before the Colombian bankruptcy authority; (iv) structuring of new leveraged equipment sale agreement in Colombia.
OBERA
2015
to date
Counseling on Colombian law regarding general context of foreign-aid supported contracts, requisites of potential establishment in Colombia, and relationships with Colombian subcontractors.
CDD MEDICAL
2015
to date
Counseling on Colombian law and regulation applicable to health services in reference to contracting and funding of tests for infecto-contagious diseases, representation before several Colombian health secto hundred and special entities.
FREDERIKSON & BYRON, P.A.
2017
to date
Counseling on Colombian law and regulation applicable to the taxation of offshore general medical laboratory services for services rendered abroad.
     
PCM GROUP
2014
to date
Counseling and representation on Colombian law relative to establishment of subsidiary in Colombia, ongoing business corporate, contracts, taxation and FX laws. Representation for collection from defaulted client.
 
 
TOYOTA TSUSHO and ARCTAS PARAGON subsidiaries
2014
to date
4-year representation for litigation against the Colombian Superintendence of Corporations, consummated successfully as res judicata before a Colombian administrative court on fines imposed for late cancellation of foreign investment registrations. Final proceeding being carried out.
 
 
ARCTAS-PARAGON subsidiaries
2007
to date
11-year representation for litigation against plaintiffs claiming indemnification for damages caused by the Ballena-Barrancabermeja gas pipeline construction, successfully consummated as res judicata by the Colombian Council of State. Final proceedings are being carried out.
 
 
PENNSHIP SUPPLY INC.
2014
to date
Counseling for performance of yearly Colombian Navy ship bunkering contract before the Colombian Armed Forces Logistics Agency; counseling for bidding in selection process to award one such contract; ongoing representation in litigation litigate before Colombian administrative courts for damages caused by an erroneous contractor having been allegedly selected.
 
 
QANTAS AIRWAYS LIMITED.
2014
to date
Counsel for change of general passenger sales agent in Colombia, and for appointment of general cargo sales agent in Colombia; ongoing counsel for miscellaneous legal matters including ongoing litigation before Colombian Consumer Protection agency and administrative support to meet IATA BSP obligations in Colombia.
 
 
SPEYSIDE GROUP LIMITED.
2014
to date
Counsel for establishment of subsidiary, taxation and FX support, and further representation and guidance into liquidation (on going).

 

 

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