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Portrait of Daniel Rodríguez, LL.M.

Daniel Rodríguez, LL.M.

Partner

CMS Rodríguez-Azuero
Calle 75 No.​ 3-53
Bogotá
Colombia
Languages Spanish, English

Daniel is Partner of the Firm and co-leads the areas of Banking & Finance, Insolvency, Restructuring & Liquidation, Compliance and Corporate Criminal Law and leads the Public Procurement area. His experience includes advising various sectors, including Energy & Climate Change and Infrastructure & Projects. Daniel is admitted to practice in Colombia and in the States of New York and California in the United States.

With nearly 20 years of experience, Daniel has represented sponsors, banks, and other lenders, as well as infrastructure and construction companies, EPC contractors, investors, guarantee issuers, and borrowers in complex infrastructure transactions and project finance matters. He has extensive experience in connection with the social, environmental and land acquisition complexities related to project finance deals and infrastructure projects.

Furthermore, he has also been involved in some of the country´s local and cross-border most delicate white-collar related controversies and investigations. Daniel has also advised national and international clients, debtors and creditors in complex processes of local and cross-border insolvency.

Professional Experience

  • 2013-present – Partner, CMS Rodríguez-Azuero, Bogotá, Colombia
  • 2010-2013 – Senior Associate, Brigard & Urrutia Abogados, Bogotá, Colombia
  • 2008-2010 – Lawyer, Zuber & Taillieu LLP (Zuber Lawler & Del Duca LLP), Los Angeles, CA, USA
  • 2004-2008 – Associate, Rodríguez-Azuero Abogados, Bogotá, Colombia
  • 2001-2004 – In-house Counsel, Banco de Bogotá (Grupo Aval), Bogotá, Colombia
  • 1998-1999 – Curaduría Urbana Número Uno de Bogotá, Intern, Bogotá, Colombia

Recognitions

  • Best Lawyers 2021, Corporate Governance and Compliance Practice (Lawyer of the year)
  • Best Lawyers 2021, Banking & Finance
  • Daniel Rodríguez, Legal 500 Latin America 2021, Banking & Finance, Arbitration, Litigation, Projects, Public Law and Energy & Natural Resources (Recommended Lawyer)
  • Area recognition: Legal 500 Latin America 2021, Banking & Finance (Tier 3)
  • Area recognition: Legal 500 Latin America 2021, Projects (Tier 4)
  • Area recognition: Legal 500 Latin America 2021, Arbitration (Tier 4)
  • Area recognition: Legal 500 Latin America 2021, Public Law (Tier 3)
  • Area recognition: Legal 500 Latin America 2021, Energy & Natural Resources (Tier 4)
  • Area recognition: Legal 500 Latin America 2021, Litigation (Tier 2)
  • Area recognition: Leaders League 2021, Banking & Finance (Excellent)
  • Area recognition: Leaders League 2021, Restructuring & insolvency (Recommended)
  • Area recognition: Latin Lawyer 250 2020, Banking & Finance
  • Area recognition: Latin Lawyer National 2020, Banking & Finance
  • Area recognition: Leaders League 2020, Arbitration (Recommended)
  • Area Recognition: IFLR 1000 2020, Banking & Finance (Tier 4)
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Dinero Magazine, one of the most recognized business publications in Colombia, conducted a survey with the representatives of the legal vice-presidents of 18 of the largest companies in the country. In this survey, Daniel Rodríguez was highlighted as one of the most recognized lawyers in Colombia in the Compliance area.

Dinero Magazine

Relevant experience

  • Inter-American Development Bank (IDB): The Firm advised the client in the structuring of a special purpose vehicle for the operation of an innovative Efficient Energy Fund in Colombia, with a view to financing clean energy infrastructure projects developed by small and medium enterprises in Colombia.
  • Banco de Chile: The Firm has advised the client on multiple cross-border regulatory and transactional matters, including a matter related to the acquisition of an important thermoelectric facility, the financing of one of the most important groups of transportation infrastructure of the country and of the top food processing conglomerate in Colombia.
  • Banchile: The Firm has advised the client, the investment group of Banco de Chile conglomerate, in connection with important infrastructure projects in Colombia.
  • MAF Colombia S.A.S.: The Firm advised the client in the design and launch of its new financial business vehicle which consists on the granting of loans for the purchase of vehicles in Colombia.
  • Conecta Caribe S.A.S.: The Firm advised the client in connection with the contracts for the feasibility stage of the PPP project whose objective is to build a new airport in Cartagena de Indias, Colombia. The Firm also advised the client in the design of the commercial trust structure that supports the land acquisition, as well as the PPP and other projects to be developed around the airport.
  • Arbitration: Daniel served as the Chair of the arbitration panel summoned to decide disputes between Fiduciaria Bogotá S.A. (Grupo Aval) and Valorcon (leading Infrastructure Company) regarding an agreement for the construction of a water supply system (public utility) of the States of San Andrés and Santa Catalina, Colombia.
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Memberships & Roles

  • Member of the New York Bar Association.
  • Member of the California Bar Association.
  • Member of the American Bar Association.
  • Member of the Colombia Bar Association.
  • Chair of the Commission on Corporate Responsibility and Anti-corruption of the International Chamber of Commerce -ICC-.
  • Member of the Colombian Chapter Commission on Commercial Practices of the International Chamber of Commerce -ICC-.
  • Member of the Colombian Chapter Commission on Banking Practices of the International Chamber of Commerce -ICC-.
  • Member of the “A” list of arbitrators of the Chamber of Commerce of Bogotá.
  • Former President of the Security and Risk Management Committee of the Colombian American Chamber of Commerce -AMCHAM-.
  • Member of the Commission summoned by the Colombian Government to Implement and Draft Regulation on Secured Transactions new law 1676 of 2013
  • Member of the Panel of Experts summoned by the Colombian Presidency to inform the Organization of American States commission about the Implementation of the Inter-American Convention against Corruption (MESICIC).
  • Member of the "Colombian lawyers and academics perspective Panel" summoned by the Colombian Government to answer before the OECD evaluation committee to verify compliance with OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.
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Publications

  • Author, “New measures adopted to strengthen the legal mechanisms to fight against Transnational Bribery and Corruption in Colombia”, CMS, October 27 2020;
  • Author, “Recommendations and guidelines for the issuance of green bonds in Colombia”, CMS, October 23, 2020;
  • Author, "5G infraestructure, the projects will be developed gradually”,  El Nuevo Siglo, October the 6, 2020;
  • Author, “New LAFT regulation for FINTECH” Asuntos Legales, September 23, 2020;
  • Author, “Relevant aspects to be considered in financing transactions and structuring of security package in connection to the insolvency regime”, CMS Rodríguez-Azuero, August 27;
  • Author, “Implementation of Blockchain in Public Procurement to Reduce Corruption Risk”, CMS Rodríguez-Azuero, July 27, 2020;
  • Author, “Colombia en riesgo de enfrentar un fenómeno masivo de insolvencia”, Asuntos Legales, june 8, 2020;
  • Coauthor, “Acquisition and sale/transfer of the nation’s shareholding in the COVID-19 crisis”, CMS Rodríguez-Azuero, July 1, 2020;
  • Author, “La inversión en el programa de infraestructura 5G será equivalente al 1,67% del PIB”, La República, June 26, 2020;
  • Author, “Concesionario Chino avanza en garantizar la financiación del metro de Bogotá”, La República, June 25, 2020;
  • Author, “CMS Expert Guide Insolvencias en Latinoamérica- Reestructuraciones, liquidaciones y concursos transfronterizos”, CMS Expert Guides, June 2020;
  • Author, “CMS Expert Guide to consequential loss in the energy sector”, CMS Expert Guide, June, 2020;
  • Author, “Transitory Measures Adopted by the National Hydrocarbon Agency During COVID-19”, CMS Rodríguez-Azuero, May 15, 2020;
  • Author, “National Government measures to face the financial sector crisis in the context of the Economic, Social and Ecological Emergency”, CMS Rodríguez-Azuero, April 20, 2020;
  • Author, “Benefits and reliefs offered by credit institutions in the context of the economic, social and ecological emergency”, April 8, 2020;
  • Author, “Malla Vial del Valle del Cauca- Draft TOR of the first project of the Fifth Generation (5G) Road Concessions Program in Colombia”, CMS Rodríguez-Azuero, April 9, 2020;
  • Author, “Public procurement emergency measures adopted by the Colombian National Government to address COVID-19”, CMS Rodríguez-Azuero, March 25, 2020
  • Author, “New State contracting and criminal law measures adopted to sanction the commission of corruption acts”, CMS Rodríguez-Azuero, March 25, 2020
  • Author, “Revista de la Comisión de Arbitraje para celebrar los 100 años de la Cámara de Comercio Internacional” - “Algunas notas en materia de arbitraje internacional”, Panama International Chamber of Commerce. Revista de la Comisión de Arbitraje Conmemorativa a los 100 años de Fundación de la ICC, September 1, 2019;
  • Author, “ISA enters the highway concessions business in the country with a 4G highway”, La República, October 25, 2019;
  • Author, “Business Crime Laws and Regulations: Colombia 2020”, ICLG, October 10, 2019;
  • Author, “Sovereign guarantees issued to secure the financing of public transportation systems and its impact on their financing”, CMS Rodríguez-Azuero, July 30, 2019;
  • Author, “Protection of third parties who act in good faith in connection with Public-private partnership (PPP) infrastructure projects”, La República, July 12, 2019;
  • Author, “The Department of Justice updated guidance for evaluating Corporate Compliance Programs” CMS Rodríguez-Azuero, May 29, 2019;
  • Author, “National development plan 2018-2022- reforms to strengthen the Public Procurement Regime”, CMS Rodríguez-Azuero, April 8, 2019;
  • Author, “Some effects of Colombia’s Tax Reform for foreign lenders and the Colombian borrowers”, CMS Rodríguez-Azuero, March 6, 2019;
  • Author, “New exchange regime: new opportunities”, La República, July 27, 2018;
  • Author, “Representation: general corporate and specific rules of securities”, La República, November 29, 2017;
  • Author, “The correct interpretation of the suspension of the arbitration process", La República, October 12, 2017;
  • Author, “Security trusts are not securities over mobile assets II”, La República, September 9, 2017;
  • Author, “Security and risk management, keys to business success”, AMCHAM Business Mail, September 2017;
  • Author, “The interesting discussion of security trusts and securities over mobile assets”, La República, October 10, 2017
  • Author, “The court mistakenly disregarded a key special rule on securities”, La República, July 18, 2017;
  • Author, “Regulatory challenges regarding digitization of credit”, La República, November 25, 2016;
  • Author, “Is your company supervised by the Superintendency of Companies?”, CMS Rodríguez-Azuero Communications, November 11, 2016;
  • Author, “Changes to resolution 143 of 2002 issued by the office of the General Inspector of Colombia, which regulates the Information System of Ineligibility (Sistema de Información y Registro de Inhabilidades, or SIRI)”, CMS Rodríguez-Azuero Communications, October 24, 2016;
  • Author, “How many more Cemex are needed?”, La República, October 12, 2016;
  • Author, “Foreign investment, trust vehicles and lending: urgent amendment”, Ámbito Jurídico, August 17, 2016;
  • Author, “Anti-corruption in the health, real and financial sectors”, La República, August 10, 2016;
  • Author, “New challenges in integrated compliance systems”, AMCHAM, Business Mail, July 2016;
  • Author, “Design, implementation and enforcement of a compliance program”, Edition 121 Business Mail Colombo American Chamber of Commerce AMCHAM, September 2015;
  • Author, “Trust under new Secured Transactions Law”, Ámbito Jurídico, Legis Year XVII, No. 404, Colombia, October 27, 2014;
  • Author, “New Secured Transactions Law has a very significant impact regarding Money Laundering Compliance”, Ámbito Jurídico, Legis Year XVII, No. 391, Colombia, April 7, 2014;
  • Author, “Interview regarding infrastructure in Colombia”, Infrastructure Journal, August 29 of 2013;
  • Author, “Latest news on anti-corruption”, Lexology in cooperation with the Association of Corporate Counsel, December 20, 2012;
  • Author of nine papers on “New payroll-based lending regulation: Reasons and Purpose. I, II, III IV, V, VI, VII, VIII and IX”, La República Newspaper, December 3-8 (I-VI), 13-15 (VII-IX), 2012;
  • Coauthor, “Financial services in the Colombia-US context”, IFLR 1000, January 30, 2012;
  • Author, “New payroll-based lending regulation: Reasons and Purpose – Advances and challenges of the new regulation”, Brigard & Urrutia Abogados News Flash No. 165, 2012;
  • Author, “Limitation of liability clauses in negotiable instruments a highly risky fallacy”, Ámbito Jurídico, Legis Year XII, No. 280, Colombia, May 2, 2011;
  • Author, “Interview: Colombia has sound legislation on acquisitions”, Ámbito Jurídico, Legis Year XIII, No. 280, Colombia, August 24, 2009;
  • Author, “In the law: Criminal exposure for civil wrongs in foreign countries”, In- Park Magazine, June 9, 2009;
  • Author, “New and Emerging Framework to Access Personal Data”, American Bar Association, Legal Developments in Latin America Newsletter, April 2009;
  • Research associate to author, “Sandby Letters of Credit”, Ed. Editorial Jurídica de Chile / Editorial Universidad Colegio Mayor de Nuestra Señora del Rosario, Chile: Editorial Jurídica de Chile, 2009;
  • Author, “Low amount saving accounts: a new opportunity for ‘bancarisation’”, Ámbito Jurídico, Legis Year XI, No. 256, Colombia, August 25, 2008;
  • Peer review expert for author Francisco Reyes Villamizar, “Algunas vicisitudes del régimen societario colombiano derivadas de la interpretación constitucional”, Pontificia Universidad Javeriana Cali, June 4, 2008;
  • Author, “The new commercial invoice: a detrimental legal reform for Negotiable Instruments regime”, Ámbito Jurídico, Legis Year XI, No. 248, Colombia, May 5, 2008;
  • Research associate, “Standby Letters of Credit”, Contracts in Private Law, Ed. Legis, Universidad del Rosario, Colombia, 2007.
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Education

  • 2007 – LL.M., Master in Corporate and Business Law (Dean's Merit Grant), University of California Los Angeles (UCLA), Los Angeles, CA, USA
  • 2003 – Specialist on Commercial Law, Universidad de los Andes, Bogotá, Colombia
  • 2001 – Lawyer, Universidad Colegio Mayor de Nuestra Señora del Rosario, Bogotá, Colombia
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20 April 2021
The term to ad­opt a SAG­RI­LAFT is ex­ten­ded
On April 9th, 2020, the Su­per­in­tend­ence of Com­pan­ies (“SC”) is­sued Ex­tern­al Res­ol­u­tion 100-000004 of 2021 (“Res­ol­u­tion 100-00004”) through which sev­er­al sec­tions of Ex­tern­al Res­ol­u­tion 100-000016...
29 March 2021
The Su­per­in­tend­ence of Com­pan­ies re­it­er­ated its po­s­i­tion: mort­gages are...
Last Feb­ru­ary, the Su­per­in­tend­ence of Com­pan­ies (“SC”) is­sued Concept 220-006186 of 2021, in which it re-stated that mort­gages are not sub­ject to re­gis­tra­tion in the Re­gistry of Se­cur­it­ies (Re­gis­tro...
18 March 2021
The Fund of Al­tern­at­ive Sources of Pay­ment for In­fra­struc­ture Pro­jects...
On March the 2nd, 2021, the Min­istry of Fin­ance ("MF") is­sued De­cree 223 of 2021 (“De­cree 223”), that in­tro­duces Part 23 to the second Book of De­cree 1068 of 2015 and reg­u­lates the Fund of Al­tern­at­ive...
23 February 2021
CMS Guide to Anti-Bribery and Cor­rup­tion Laws
We are de­lighted to present the sixth edi­tion of the CMS Guide to Anti-Bribery and Cor­rup­tion Laws
12 February 2021
Com­pre­hens­ive amend­ment to the Su­per­in­tend­ence of Com­pan­ies Res­ol­u­tion...
On Decem­ber 24th, 2020, the Su­per­in­tend­ence of Com­pan­ies is­sued Ex­tern­al Res­ol­u­tion No. 100-000016 (the “New AML/CFT/FP­W­MD Res­ol­u­tion”).  The New AML/CFT/FP­W­MD Res­ol­u­tion com­pre­hens­ively amended...
18 December 2020
Re­new­able en­ergy law and reg­u­la­tion in Colom­bia
1. Brief over­view of the re­new­ables sec­tor Colom­bia is rich in re­new­able en­ergy sources. Some 70% of the coun­try’s primary en­ergy sup­ply comes from hy­dro­power. However, des­pite its plen­ti­ful hy­dro­power...
17 November 2020
CMS Dis­putes Talk
In these un­cer­tain times, glob­al busi­nesses in al­most every sec­tor are fa­cing chal­lenges brought about by an un­pre­ced­en­ted op­er­a­tion­al cli­mate. Ac­tions and de­cisions taken dur­ing and im­me­di­ately after...
27 October 2020
New meas­ures ad­op­ted to strengthen the leg­al mech­an­isms to fight against...
lower-ro­man­An in­di­vidu­al that has been de­clared:  Ju­di­cially re­spons­ible for the com­mis­sion of any crimes against pub­lic ad­min­is­tra­tion; or Any of the crimes or faults in­cluded in Law 1474 of 2011;...
23 October 2020
Re­com­mend­a­tions and Guidelines for the is­su­ance of Green Bonds in Colom­bia
Con­sid­er­ing that fin­an­cial mar­kets play a fun­da­ment­al role in the man­age­ment of en­vir­on­ment­al, so­cial, and gov­ernance risks, as well as in the lever­age of op­por­tun­it­ies as­so­ci­ated with the mo­bil­iz­a­tion...
17 February 2021
CMS Dis­putes Talk
In these un­cer­tain times, glob­al busi­nesses in al­most every sec­tor are fa­cing chal­lenges brought about by an un­pre­ced­en­ted op­er­a­tion­al cli­mate. Ac­tions and de­cisions taken dur­ing and im­me­di­ately after...
01 September 2020
Re­struc­tur­ing and in­solv­ency law in Colom­bia
1. What is the primary le­gis­la­tion gov­ern­ing in­solv­ency and re­struc­tur­ing pro­ceed­ings in your jur­is­dic­tion? The primary le­gis­la­tion gov­ern­ing busi­ness in­solv­ency pro­ceed­ings (re­struc­tur­ing and li­quid­a­tion)...
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27 August 2020
Rel­ev­ant as­pects to be con­sidered in fin­an­cing trans­ac­tions and struc­tur­ing...
There are sev­er­al min­im­um leg­al as­pects that must be taken in­to ac­count by the parties to every fin­an­cing trans­ac­tion. Fea­tures such as cur­rency of de­nom­in­a­tion and/or dis­burse­ment, ap­plic­able for­eign...