White & Case
  Ariel Ramos Marcín
Local Partner
Mexico City

T: + 52 55 5540 9605
F: + 52 55 5540 9699
E:
Practice Experience
Mr. Ramos primarily focuses on transactions related to the development and financing of infrastructure projects, including, among others, power, oil and gas, liquefied natural gas (LNG), government procurement, public-private partnerships (PPP or Proyectos de Prestación de Servicios), toll roads, maritime ports and terminals, water treatment plants, aqueducts and shipping. In addition, he has deep experience and actively participates in Real Estate, Mergers & Acquisitions and Corporate & Debt Restructuring matters.

He has advised lenders, developers, buyers and sellers, and governmental entities in transactional negotiations; assisted in preparation of corporate documentation and risk identification, assessment and allocation; advised on negotiation and instrumentation of project agreements, including Concessions, Power Purchase Agreements (PPA), Long-Term Service Contracts (CPS), Long-Term Supply Contracts, Public Private Partnership Agreements (PPS), Public Financed Works (OPF), Engineering, Procurement and Construction Contracts (EPC), Operation and Maintenance Contracts (O&M), Fuel & Gas Supply and Transportation Agreements; advised on design and implementation of schemes for the development and financing of infrastructure projects, including preparation of Financing and Security Agreements; performed analysis of permits and governmental authorizations required for the development of projects and real estate transactions; and bid processes and preparation of the bid proposals, among others.

Among other clients, he has represented GMR Infrastructure Ltd., Banco Nacional de México, HSBC México, Goldman Sachs & Co., Tecnología en Nitrógeno, S. de R.L. de C.V., Ingenieros Civiles Asociados (ICA), Calyon, WestLB, the Export Development Corporation (Canada), Mizuho Bank, the Japan Bank of International Cooperation (JBIC), Constructora Internacional de Infraestructura, S.A. de CV (CIISA), US Exim Bank, Citibank, POSCO Inc., Nukem Inc., ABN AMRO Bank, Crédit Agricole, the International Finance Corporation (IFC), Inter-American Development Bank (IDB), Bank of Tokyo Mitsubishi (BTM), Société Générale, Deutsche Bank, the World Bank, POSCO Enc., Israel Aerospace Industries, Royal Shell Co., ExxonMobil, Tokyo Electric Power Co. (TEPCO), Chubu Electric Power Co., and entities from the Federal and Local Governments.

The most recent and representative projects, Mr. Ramos has participated include the following:

I. Highways.
  • FARAC I. Advisor to Goldman Sachs and ICA as sponsors in the bidding process, proposal, award and financing of a 30-year concession to operate and maintain over 550 km of toll roads in the States of Michoacán, Jalisco, Guanajuato and Aguascalientes for MXN $44 billion (approximately US$4 billion in 2007) from the SCT and the Mexican Toll Road Bailout Fund (FARAC). This was the largest infrastructure financing in Mexican history (named "Latin American Power Project 2007" by different organizations, including Project Finance Magazine). Currently, he assists the sponsors in the day-to-day matters related to this project.
  • Querétaro-Irapuato (2007). Advisor to ICA in connection with the concession for the Queretaro-Irapuato toll road in the state of Querétaro, México granted by the SCT, and acted as counsel for ICA in the financing granted by Banco Santander, in order to carry out the PPS project for the construction and renovation of the Querétaro-Irapuato toll road in the State of Querétaro, México.
  • Irapuato - La Piedad (2006). Advisor to ICA in connection with the concession granted by the SCT for the construction and renovation of the Irapuato-La Piedad toll road in the State of Querétaro, México. In addition, we acted as counsel for ICA in the MXN $580 million financing (approximately US$42 million) granted by Banco Santander for the PPS of such toll road (named "Latin American PPP Project of the year for 2006" by Project Finance Magazine).

II. Power (CFE Projects).

(a) Wind Power Projects
  • Piedra Larga (2010). Advisor of a group of banking institutions led by Nacional Financiera S.N.C. in connection with the due diligence, structuring and implementation of financing for the aggregate amount of approximately US$200 million of a wind-based private power generation project to be developed by Renovalia Energy International, S.L. a Spanish sponsor, and located in the State of Oaxaca, México.

(b) Independent Power Producers (IPP)
  • Transalta Mexican Projects Acquisition (2008). Counsel to Calyon, WestLB and the Export Development Corporation (Canada) for the financing for the prepayment and purchase of the Campeche and Chihuahua IPP projects by Intergen B.V. for an amount of approximately US$340 million.
  • Valladolid III (2005). Counsel to Mizuho Bank and JBIC in connection with the construction and financing of a gas-fired, combined-cycle plant (IPP) with a combined capacity of 525 MW.
  • Río Bravo II, III, IV and Saltillo (2004). Since 2000, counsel to IFC for the financing of Río Bravo II and Saltillo; and in 2004, counsel to IFC and SocGen for the financing of Río Bravo III and IV, in both cases projects for the construction, operation and maintenance of 495 MW gas-fired, combined-cycle power plants sponsored by EDFI for an aggregate amount of US$600 million (2000) and US$900 million (2004), respectively.
  • Mérida III (1998). Counsel to JBIC and IFC on the financing of Mérida III, a project for the construction, operation and maintenance of a 484 MW gas-fired, combined-cycle power plant, which constitutes the first IPP project in Mexico sponsored by a conglomerate headed by AES for an aggregate amount of US$450 million.

(c) Public Works Contracts (OPF)
  • La Yesca (2008). Advisor to a consortium led by ICA in the analysis of the bid guidelines, risk assessment, matrix allocation, and in the preparation and presentation of the corresponding proposal for the two-unit 750 MW La Yesca hydroelectric generating facility in the State of Jalisco, México, as well as the financing thereof by a bank syndicate lead by WestLB for approximately US$1 billion.
  • Laguna Verde (2007). Advisor to Citibank and Banco Nacional de México in their participation in the reconfiguration of the thermonuclear plant "Laguna Verde" for approximately US$900 million.
  • El Cajón (2004). Advisor to Constructora Internacional de Infraestructura, S.A. de C.V. (CIISA), an international consortium led by ICA, in the Financing of the two-unit 750 MW El Cajón hydroelectric generating facility in the State of Nayarit, México (named "Latin American Power Project 2004" by Project Finance Magazine) as well as the financing thereof by a bank syndicate lead by WestLB for approximately US$900 million.

III. PEMEX Projects.
  • San Fernando Pipeline (2002). Advisor to US Exim Bank and Citibank in the financing of the construction, operation and maintenance of the San Fernando gas pipeline sponsored by a joint venture between El Paso Natural Gas and Pemex Gas y Petroquímica Básica.
  • Ten Nitrogen Plan (2006). Advisor to Tecnología en Nitrógeno, S. de R.L. de C.V. (TEN), a joint venture by Air Products and Cryoinfra in the public bid and financing of a US$120 million nitrogen plant and pipelines to supply nitrogen to Pemex Exploración y Producción.

IV. Water.
  • Atotonilco (2010). Advisor to Banco Nacional de México in the preparation, discussion and negotiations with Banco Nacional de Obras y Servicios Públicos for the partial assignment of credit rights for financing in the amount of MXN $717 million (approximately US$59 million) to Aguas Tratadas del Valle de México for the development of the PTAR Atotonilco executed documents, including the assignment agreement and additional documents related to the financing.
  • El Ahogado (2008). Advisor to POSCO Inc. in the analysis and preparation of a proposal for "El Ahogado" water treatment facility to be located in the State of Jalisco for an amount of approximately US$120 million.

V. Public-Private Partnership (PPS).
  • Macquarie Durango PPP (2010). Advisor to Banco Nacional de México and HSBC México in a MXN$1,094 million (approximately US$90.3 million) secured term loan facility for Desarrollos Carreteros del Estado de Durango. This transaction represented the Macquarie Group's first acquisition of infrastructure assets in Mexico, after it raised its Mexico Fund in the beginning of 2010 through the issuance of structured equity securities (known as "CDKs").
  • Ministry of Health – Hospitals (2009). Since 2006, advisor to the Ministry of Health in connection with the structuring, budgetary approvals and public bid for the construction, operation and maintenance of the specialized hospitals "Ixtapaluca" and "Cd. Victoria" located in the States of Mexico and Tamaulipas respectively.

VI. Advice in Regulations.
  • Ministry of Finance and Public Credit – PPP Regulation. Advisor to Mexican Ministry of Finance and Public Credit (Secretaría de Hacienda y Crédito Público) in the review and improvement of the existing regulatory and legal framework applicable to IPPs in Mexico, including through the utilization of existing mechanisms such as PIDIREGAS, CPC, OPF and concessions, among others. The advice included the determination of the more appropriate scheme to be implemented depending on the type of project, as well as establishing a program for the legal, administrative and financial qualification of public officers who will be in charge of implementing these projects.

Prior to White & Case (1996-1998), Mr. Ramos worked for Valuación y Venta de Activos (VVA) and the Fondo Bancario para la protección al Ahorro (FOBAPROA), governmental entities involved in the development of banking programs for resolution of the Mexican banking crisis of 1994.

Among others, he participated in the debt and corporate restructuring of the Camino Real hotel chain group for approximately US$500 million and of the Salinas y Rocha retail store chain group (now part of Grupo Elektra) for approximately US$250 million, and the structuring and implementation of the first package of non-performing loans in Mexico.

Additionally, Mr. Ramos collaborated with renowned private firms in Mexico and abroad in telecommunication, general corporate and real estate matters providing advice to clients, including among others, Motorola.

Extracurricular Activities

Academic
  • Adjunct Professor of Law at the Escuela Libre de Derecho, Mexico City, Mexico in Administrative Law Second Course (2009).
  • Adjunct Professor of Law at the Centro de Investigación y Docencia Económicas, campus Mexico City (CIDE) (2007–2008).
  • Professor of Law of Licenciatura (BA equivalent) and Maestría (LLM equivalent) degrees at the Universidad Iberoamericana, campus Mexico City: International Economic Relations, International Contracts, Banking and Contracts (1996–2002).

Conferences
  • "Result of the Energy Reform." "Háblame de derecho"; TV program of the Barra Mexicana de Abogados (Mexican Bar Association). 2008.
  • "Mexico's Transportation Infrastructure Plans and Their Implications for the US-Mexico Border." Center for the Study of Western Hemispheric Trade's 2008–2009 International Bank of Commerce Keynote Speaker Series. Texas A&M International University, Laredo, Texas. 2008.
  • "Legal implications of the Proposal for a new Contracting Regime for Petróleos Mexicanos." Seminar on "The Challenges of Mexico with Respect to the Energy Reform." AMDE-UNAM. 2008.
  • "Proposal of the Energy Reform." "Háblame de derecho"; TV program of the Barra Mexicana de Abogados (Mexican Bar Association). 2008.
  • "Environmental & Social Impact of Non-Renewable Sources of Energy: The Mexican Experience." Latin Chamber of Commerce and Industry. XXIX Hemispheric Congress. Miami Beach, Florida. April 3, 2008.
  • "Model of Contract of ICC for International Agency." Seminar on Model of Contracts ICC (2007 and 2008).
  • "Government Procurement of PEMEX. – Regulatory and Budgetary Challenges." AMDE-UNAM. 2007.
  • "Mexican PPS Program: Retrospective, Developments and Recent Experiences." Latin American Infrastructure and Project Finance Summit. Euromoney. Miami, FL. 2007.
  • "PPP Contracts." Primer Foro Estatal de Asociaciones Público-Privadas. Veracruz, State of Veracruz, Mexico. 2006.
  • "International Standards on Concessions on the Public Sector and Project Financing." San José, Costa Rica. 2002.
  • "Structuring Inside the Fence Power Projects." Mexican Energy 2002 sponsored by CBI. Houston, TX. 2001.
  • "Risk Allocation in Latin American Power Projects." Financing Latin American Power Projects sponsored by CBI. Miami, Florida. 2001.
  • "Business and Investment Strategies in Latin American Infrastructure Markets: The Mexican Perspective." First Annual International Conference of Utilities Infrastructure. Tampa, FL. 2000.
  • "Allocate and Mitigate Risks in Latin American Power Projects." 2nd Annual Financing Latin American Power Projects. Miami, FL. 2000.
  • "Financing of Mexican Power Projects: A Legal Perspective." Texas-Mexico Bar Association Annual Conference. Rice University, Houston, TX. 1999.

Bars and Courts
Barra Mexicana, Colegio de Abogados, 1996

Education
Master of Laws (LLM), University of Texas School of Law, Honors: JAMES L. CURTIS en 1994-1995, S.A.F.E. Foundation Scholarship Recipient. Houston, Texas, 1995
LLB, Escuela Libre de Derecho, Mexico City, Mexico, July, GPA: 9/10, 1993

Awards and Recognition
Mr. Ramos has been recognized as a leading lawyer in Project Finance and Infrastructure by several expert reviews, including among other editions:
  • Chambers (2011).

Energy & Natural Resources (Band 3)
Ariel Ramos (Band 3)


This global player has significant clients in the oil and gas, power, infrastructure and petrochemical industries. Sources affirm that the firm has been very active and maintained a strong presence in the market. Ariel Ramos advised the consortium led by ICA on the analysis of the bid guidelines and risk assessment, together with the presentation of the corresponding proposal, for the two-unit 750 MW La Yesca hydroelectric generating facility in the State of Jalisco. Peers say: "He is a very clever and responsive lawyer, who is always up to date in energy matters."

Projects (Band 1)
Ariel Ramos (Band 1)


This global firm has taken part in some of the largest infrastructure, telecommunications, power and energy projects in Mexico. The team represented the federal Secretariat of Health in connection with the construction of a highly specialised regional hospital under a PPP scheme in the municipality of Ixtapaluca in the state of Mexico. Ariel Ramos is a "very skilled and up-to-date lawyer with an excellent practice," peers say. He acted on behalf of Nukem in the acquisition of nuclear fuel for the Laguna Verde nuclear power plant.
  • Who's Who Legal (2011).

Mr. Ariel Ramos is considered a "top tier" lawyer in Mexico City. He is involved in many large development and infrastructure projects. Mr. Ramos operates in a range of industries including energy, oil and gas, automotive and shipping. His practice centres on advising and representing foreign-owned companies in Mexico on the development, financing, design and implementation of projects.
  • Best Lawyers in America and Best Lawyers International (2009)
  • PLC Which Lawyer? Yearbook (2009)
  • Who's who in Project Finance and Government Procurement? (2009)
  • Euromoney Guide to the World's Leading Energy and Natural Resources Lawyers (2008)


Publications
  • Global Renewable Energy Guide 2010: Mexican Regulation, Cakmak Publishing in 2010
  • "Legal Considerations regarding the New Government Procurement Rules for Productive Substantial Activities of PEMEX," published by the law journal Enerlegis from the Mexican Academy of Energy Law (AMDE) in 2009
  • "Budgetary and Applicable Regime to Public-Private Partnerships (PPS)," published by the law journal Enerlegis from the Mexican Academy of Energy Law (AMDE) in 2007


Languages
Spanish
English

Citizenship
Mexico