Can you Prepare for Nationalization? 10 Things That YOU Can Do NOW!

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Can you Prepare for Nationalization? 10 Things That YOU Can Do NOW!

Gastón Bilder, Former General Counsel, Empresa Petrolera Chaco SA, Bolivia

The following practical advice, based on Bolivian experience, could help you to establish a set of preventive/mitigating actions that you, as in-house legal advisor, should implement in order to lessen the impact of a nationalization on your ability to effectively render legal advice to your company or enhance your company’s negotiation options / value of its investments.

From 2002 and until March 2008, Gaston Bilder acted as General Counsel and Head of Community Relationships for Empresa Petrolera Chaco S.A. In his role as leader of the Legal Department, besides managing the legal department and providing advise to numerous internal clients on a diverse range of legal issues, he headed - as part of a team that renegotiated 23 hydrocarbons concession contracts- the negotiation with the Bolivian Government of the legal terms and conditions for the new Operations Contracts. During his tenure as General Counsel in Bolivia, he overcame several legal crises; conceived and implemented a real time risk management and regulatory compliance system to oversee all the activities of the company, and various knowledge management, communications, costs reduction and contract excellence initiatives. Mr. Bilder has extensive knowledge of Latin America business environment and has acted as Secretary and Director for companies and non-profit entities operating in diverse industries in Latin America. Throughout his career he has worked in projects in different Latin American countries for multinational companies in high volume transactional practices; providing effective business counseling on energy law, cross-border M&As, international transactions, project finance, corporate governance, litigation and in the design of inclusive business strategies and implementation of entrepreneurship projects for the economic development of indigenous communities. Mr. Bilder graduated from the University of Buenos Aires, Argentina as Attorney in 1993 and as Certified Translator in 1995. He has a MA degree on Oil and Gas Law from the University of Buenos Aires, and a Master of Arts in Law and Diplomacy from Fletcher School, Tufts University, USA, where he specialized in International Business (Finance) and International Commercial Law.

Empresa Petrolera Chaco S.A. is an oil and gas exploration company. The company explores for petroleum and natural gas. It also focuses on the exploration and commercialization of hydrocarbons. Petrolera Chaco was founded in 1997 and is based in Santa Cruz de la Sierra, Bolivia. Empresa Petrolera Chaco S.A. operates as a subsidiary of Yacimientos Petroliferos Fiscales Bolivianos.

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