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Carlos Maass-Porras

Carlos Maass-Porras

Associate
Baker & McKenzie Abogados, S.C.

Biography

Carlos Maass is a senior associate in the Energy, Mining & Infrastructure Practice Group in México. He joined Baker McKenzie in 2007. He has been designated by Chambers Latin America as a Star Associate and also acknowledged by Legal 500 in the Energy and Natural Resources Practice in México. He has extensive experience in major projects involving oil, gas and power, financing of renewable projects and also in real estate, infrastructure and financing of mining projects.

Practice Focus

Carlos has provided legal advice and assistance to several companies in connection with public tenders and public contracting, including with the National Hydrocarbons Commission (CNH) regarding the international public tenders for exploration and extraction of hydrocarbons in shallow and deep waters, management of E&P agreements (including rights assignment procedures).

His experience also includes the legal advice and assistance to companies in connection with the long term auctions launched by the National Center for Energy Control (CENACE) for the purchase and sale of capacity, power and clean energy certificates.

Carlos practice also encompasses procedures before the Ministry of Energy and the National Commission of Energy.

Representative Legal Matters

  • Advised Engie on the closing of the first stage of financing for the Mayakan Gas Pipeline, for USD 2.5 billion of senior debt and a USD 300 million VAT facility, in a strategic project for the current national energy landscape, and key to the development of the Yucatan Peninsula. Our assistance also included the contribution of several Rights of Way to the Project Trust Agreement.
  • Provided legal and regulatory analysis to Woodside (formerly BHP) in connection with the potential financing alternatives (including reserve-base loan – RBL) that Petróleos Mexicanos and its subsidiary productive companies may obtain to cover its development expenses and costs for the Trion Project. Trion represents and exploration and extraction of hydrocarbons contractual area currently developed by Pemex Exploración y Producción and Woodside.
  • Provided legal advice and assistance to Air Liquide in connection with the analysis of the procurement process that PEMEX Transformación Industrial ("PEMEX TRI") would need to conduct for the potential purchase of an hydrogen plant currently owned by Air Liquide México, S. de R.L. de C.V. Such hydrogen plant is located in the Refinery "Miguel Hidalgo", in the Municipality of Tula de Allende, Hidalgo, México. Our advice included the preparation of a legal memorandum addressing: (i) the procurement process that PEMEX needs to conduct for the potential purchase of the hydrogen plant, including the internal steps/approvals that PEMEX TRI would be required to follow/obtain for this potential purchase.
  • Advised INPEX Corporation as lead counsel in relation to its entry into the Mexican energy market through its participation in the different public tender procedures related to E&P agreements in México, including the Round One, Round Two, Round Three and the Trion farm out procedures called by the National Hydrocarbons Commission. Moreover, advised INPEX Corporation in the execution (through its Mexican SPV INPEX E&P México, S.A. de C.V., same which we also assisted to INPEX Corporation in its incorporation) of two License agreements (in Round 1.4 and Round 2.4) with the National Hydrocarbons Commission for the exploration and production of hydrocarbons in the deep waters in the Gulf of México.
  • Advised INPEX Corporation in the assignment procedure conducted before the CNH, regarding the participation interest that INPEX E&P México, S.A. de C.V. had under the License contract awarded in Round 1.4 for the Contractual Area number 3 "Cinturón Plegado Perdido."
  • Advised as lead Mexican counsel to DEA Deutsche Erdoel AG on the acquisition of six exploration and appraisal blocks held by Sierra Oil & Gas Holdings, LP, and its corresponding subsidiaries in México covering approximately 9,400 square kilometers in the core part of México's Sureste basin, including a 40% interest in Block 7, which contains a significant part of Zama, one of the world's largest shallow water discoveries in the past 20 years.
  • Advised PTT Exploration and Production Public Company Limited (PTTEP) in connection with a divestment of the entire participating interest of 16.67% in Contractual Area AP-CS-G10 (Block 29) which PTTEP currently holds via PTTEP México E&P Limited, S. de R.L. de C.V. Our advice encompasses our assistance in connection with the regulatory matters with the National Hydrocarbons Commission required for the completion of this transaction and the preparation and negotiation of the Asset Purchase Agreement related to the participating interest to be transferred. 
  • Advised PetroBal in a 250 million UK law governed reserves based lending transaction with an additional USD 125 million according to fund PetroBal's share of the development costs related to Mexico's Ichalkil Pokoch field in the shallow waters of the Gulf of Mexico. Our advice encompassed the assistance to obtain the approval from the National Hydrocarbons Commission to enter into the pledges over the participating interest hold by Petrobal Upstream Delta 1, S.A. de C.V. under the Production Sharing Contract number CNH-R01-L02-A4/2015.
  • Advised CPC Corporation, Taiwan (through its Mexican affiliate Opicoil Mexico, S.A. de C.V.) to seek prequalification from the National Hydrocarbons Commission as a non-operator participating company to enter into the Production Sharing Contract of the shallow-water contract CNH-R02-L01-A15.CS/2017 and be part of the consortium with the companies TotalEnergies EP México, S.A. de C.V. and QatarEnergy E&P México, S.A. de C.V. 
  • Advised Ecopetrol with respect to two shallow water blocks awarded by the CNH within the tender procedure of Round 2.1. This includes assistance with the day-to-day operations in México, compliance of its E&P agreements obligations, etc. Our assistance also included the assignment of Ecopetrol participating interest under Production Sharing Contract number CNH-R02-L01-A8.CS/20217 in favor of PEMEX Exploración y Producción.
  • We also advised Ecopetrol in connection with the implications, consequences and the potential course of action regarding an amparo procedure filed by the indigenous population of certain communities of the State of Veracruz, México, against several government entities to challenge the legality of bids CNH-R01-L01/2014, CNH-R02-L01/2016 (by means of which the E&P agreements mentioned above were awarded to Ecopetrol) and CNH-R03-L01/2017.
  • Advised ATCO Group in connection with its entry in the Mexican energy market, as well as with the preparation of the bid proposal submitted before CFE for the award of a natural gas transportation service agreement, including the development, construction, operation and maintenance of a pipeline, as well as the procurement of an open access natural gas transportation permit from the CRE.
  • Advised ENGIE México in the acquisition, construction, and development of several wind and solar photovoltaic power projects in different locations in México, and the prequalification process before CENACE under the long term auctions SLP-1/2016, SLP -1/2017 and SLP-1/2018.
  • Advised Engie México in connection with the creation of the renewables platform of Engie's solar and wind power projects. This includes our project finance, contractual, corporate, regulatory, transfer pricing, and tax assistance regarding this renewables platform.
  • Legal advice and assistance to Emerging America in connection with the development of a greenfield 100+ MW power generation project to sell electricity and power capacity under the new energy regulatory framework as well as with the review, mark-up, negotiation and execution of an EPC and O&M contracts regarding the power generating plant to be used for this project.

Professional Honors

  • Designated by Chamber & Partners (Latin America and Global) as Associate to Watch and Star Associate
  • Acknowledged by Legal 500 in the Energy and Natural Resources Practice in México

Professional Associations and Memberships

  • Member of the Association of International Energy Negotiators (AIEN) (formerly the Association of International Petroleum Negotiators - AIPN)

Admissions

  • Mexico (2009)

Education

  • Universidad Autonoma de Ciudad Juárez (Law Degree) (2009)

Languages

  • English
  • Spanish
  • Co-author, "Rules for the use and recovery of gas associated to mineral coal deposits," Baker McKenzie, 2010
  • Co-author, Mexican chapter of the Comparative Legal Guide, Gas Regulation 2008 and Gas Regulation 2009, Baker McKenzie