BUSINESS

Public Private Alliances

Today's Ecuador is going through a period of private public dialogue and agreements. The participation of private, national and / or foreign investment in our country is crucial and one of the policies adopted by the current Regime. Public Private Partnerships (PPPs) are the answer, and every time more agreements and projects are signed under this umbrella, thanks to tax incentives, legal stability, legal security, resolution of controversies and other positive aspects of this figure, so that You and your company should not miss this important opportunity to do business in Ecuador.

Through strategic agreements of collaboration between the public and private sectors, the latter provides public goods and services to citizens, without disassociating the public sector from its own obligations. In general, it is a contract of assignment or delegation to a private entity for the execution and financing - partial or total - of a specific public project of general interest.

The figure of APP in Ecuador can adopt several figures:

  • Mixed economy companies
  • Concession
  • Strategic Alliance Association
  • Administrative contracts
  • Other contractual forms according to the law

Under these figures, there are a series of Possible Structures to implement them:

  • Operation and Administration (public partner maintains ownership of installation or assets, private operates and manages)
  • Design and Construction (private designs and builds, public owns the assets, operates and manages)
  • Design, Construction, Financing, Operation, Maintenance and Transfer (private does all the above and maintains ownership and ownership of the property until the end of the contract, then reverts to the State)
  • Development and Financing (private plans and finances construction and participates in other commercial activities in the project)
  • Turnkey (integral project in which the private does everything until the contract ends, does not necessarily maintain ownership and control over the entire project, the public exercises control)

Our team of professionals in the area of ​​Administrative Law and Public Contracting has extensive experience advising in these branches of specialized public law to domestic and foreign companies belonging to sectors of construction, public works and infrastructure, consulting, strategic sectors, telecommunications, hydrocarbons, equipment and technology.

BUSINESS

Experience

We have been part of the mixed economy Oil Company Rio Napo Operations' management team, as legal advisors for more than five years, a company that maintained a public-private alliance with the Ecuadorian State for the Administration of the Sacha Oil Field (Block 60), for the exploitation of oil, with an average daily production of 70,000 crude barrels, generating profits for the company of approximately 40 million dollars per year.

Legal advisors of the Public Company Casa Para Todos EP, structuring the management model that is being implemented in this government program, preparing the necessary regulations for the implementation of Strategic Alliances between the public and private sector, for the development of the aforementioned government program, which seeks the construction of more than 300 thousand homes with an approximate value of 6000 million dollars.

Legal advisors to private investors in the formation of mixed economy companies within a project of Mipro and some Autonomous Decentralized Governments, within the Public-Private Alliance for Slaughter Centers, as well as in the legal structure for the contracting program of those mixed economy companies.

Legal advisors and Judicial Sponsors of a Private Investor within the Public-Private Alliance for a Hydroelectric Concession in eastern Ecuador.

Legal advisers to the Government Ministry to structure the absorption plan for the mixed economy companies Tecnistamp and Gasespol.

Legal advisors of the Public Private Program for Productive Gambling and Investment Attraction created between Mipro, the Ministry of Foreign Affairs and the CORPEI Private Corporation, as well as in the structuring and management of their public contracts.

Legal advisers in matters of administrative law and public procurement of various Public Private Trusts, and their contracts.

Legal advisors of several private companies and national and foreign investors to structure and present proposals for Public Private initiatives for Metropolitan Public Companies and other Ecuadorian public entities.

Legal advisers to the State Attorney General's office in matters of administrative law and public procurement.

Professors of the Public Companies and Public Private Partnerships Module in the Master's Program in Business Law of the University of Specialties Espiritu Santo UEES.

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Av. Orellana E9-195 y Av. 6 de Diciembre, Edificio Alisal de Orellana, of. 502-504. Quito-Ecuador
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TODOS LOS DERECHOS RESERVADOS * LÓPEZ | RIBADENEIRA * 2018